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h  i-oiu  the  Jarbof  ! 


ISIASD-SHNFC 


COBBETT'S 


COMPLETE   COLLECTION 


OF 


State  Trials. 


VOL.  II. 


rtMMi^M* 


V 


*    *WL*i 


COBBETT'S 


*..    '•       • 


c  d mp ii£ t is  co 1 1 e c  tto  n 


OF 


State  Trials 


AND 

PROCEEDINGS   FOR  HIGH  TREASON  AND  OTHER 

CRIMES  AND  MISDEMEANORS 

FROM  THE 

EARLIEST  PERIOD  TO  THE  PRESENT  TIME. 


VOL.   II. 

COMPRISING    THE    PERIOD 

FROM     THE    FIRST   YEAR  OF    THE    REIGN    OF    KING  JAMES 

THE   FIRST,    A.D.  1603,    TO    THE  THIRD  YEAR  OF  THE 

REIGN  OF  KING   CHARLES  THE  FIRST,  A.D.  l627« 


LONDON: 

PRINTED  BY  T.  C.  HANSARD,   PETERBOROUGH-COURT,   FLEET-STREET. 

PUBLISHED  BY  R.  BAOSHAW,  BRY DORS  STREET,  COVBNT-GARDBN  ;  AND  SOLD 
BY  J.  BUDD,  PALL-MALL;  J.  FAULDER,  NBW-BOND-STREET ;  S1JFBWOOD, 
JfBBLBY  AND  JONES,  PATERNOSTER-ROW  ;  BLACK,  PARBY  AND  KINGSBURY, 
LB  AD  BNH  ALL-STREET;  BELL  AND  BRADFUTR,  EDINBURGH;  AND  J.  ARCHER, 
DUBLIN. 

1S09. 


50-3.  ' 


•  •  •  • 

•  •   • 


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•  •  •  •  I 

••  • 

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•  •  •         • 
•         •  «••••< 


*      • 


TABLE  'OF  CONTENTS 


TO 


VOLUME  II. 


ft 


STATE  TRIALS  IN  THE  REIGN  OF 
KING  JAMES  THE  FIRST. 

%*    The  new  Matter  is  marked  [N.} 


^> 


Pag* 
#4.    The  Trial  of  Sir  Walter  Raleigh,  knt  at  Winchester,  for  High  Treason, 

1003 -.-! 

75.  The  Trial  of  Sir  Grtffik  Markham,  knt.  Sir  Edward  Parham,  knt.  George 

Brooke,  esq.  Bartholomew  Brookesby,  esq.  Anthony  Copley,  Wil- 
liam Watson,  Priest,  and  William  Clarke,  Priest,  for  High  Treason, 
at  Winchester,  1603 62 

76.  Proceedings  in  a  Conference  at  Hampton  Court,  respecting  Reforma- 

tion of  the  Church,  1004  [N.J 70 

77.  The  Case  between  Sir  Francis  Goodwin  and  Sir  John  Fortescue,  relative 

to  a  Return  for  the  County  of  Buckingham,  1004    -        -        -  01 

75.    The  Cass  of  Mixed  Money  in  Ireland,  1605 114 

79.  Articuli  Cleri  :  Articles  (so  intitled  by  Lord  Coke)  of  Complaint  against 
the  Judges  of  the  Realm ;  exhibited  by  Richard  Bancroft,  Arch- 
bishop of  Canterbury,  in  the  Name  of  the  whole  Clergy,  1605. 
Together  with  the  Answers  thereunto  by  all  the  Judges  and  Barons 
[N.] -        -         -         .        -     131 

60.  Tbm  Trials  of  Robert  Winter,  Thomas  Winter,  Guy  Fawkes,  John 
Grant,  Ambrose  Rookwood,  Rob  est  Keyes,  Thomas  Bates,  and  Sir 
Bveraio  Dioby,  at  Westminster,  for  High  Treason,  being  Conspira- 
tor! in  the  Gunpowder-Plot,  1606 U9 

The  History  of  the  Gunpowder-Plot,  written  by  King  James  him- 
self, extracted  from  the  first  Collection  of  his  Works  published 

his  life-time  by  Mountague,  Bishop  of  Winchester  [N].       105 


▼i  TABLE  OF  CONTENTS. 

Page 

61.  The  Trial  of  Henry  Garnet,  Superior  of  the  Jesuits  in  England,  at  the 
Guildhall  of  London,  for  High  Treason,  being  a  Conspirator  in  the 
Gunpowder  Plot,  1606 218 

68.  A  true  Report  of  the  Arraignment,  Tryall,  Conviction,  and  Condemnation, 
of  a  Popish  Priest,  named  Robert  Drewrie,  at  the  Sessions-house  in 
the  Old  Bay  lie,  on  Friday  and  Wednesday,  the  20th  and  24th  of  Fe- 
bruary, 1687  [N.] 358 

63.  The  Case  of  Impositions,  on  an  Information  in  the  Exchequer  by  the  At- 
torney-General against  Mr.  John  Bates,  Merchant,  1606 — 1610       -     371 

84.  The  Conviction  and  Attainder  of  Robert  Lalor,  Priest,  being  indicted  on 

the  Statute  of  the  16th  Richard  II.  cap.  5  :  Commonly  called,  The 
Case  of  Praemunire  in  Ireland        -------    534 

85.  The  Case  of  the  Postnati,  or  of  the  Union  of  the  Realm  of  Scotland  .with 

England,  1608 550 

86.  The  Trial  of  George  Sprot,  in  Scotland,  for  High  Treason,  in  conspiring 

with  John  Earl  of  Gowrie,  to  murder  King  James  I.  1 60ff        -        -    698 

87.  The  Process  and  Trial  of  Robert  Logan,  of  Restalrig,  for  High  Treason, 

in  conspiring  with  John  Earl  of  Gowrie,  to  murder  King  James  1. 1609     707 

8S.    The  Trial  of  Lord  Balmerinoth,  at  St.  Andrew's,  for  High  Treason,  1609     722 

89.  The  Case  of  Proclamations,  1610  [N.] 723 

90.  The  Cases  of  Bartholomew  Legat  and  Edward  Wightman,  for  Heresy, 

1612  [N.] 727 

91.  The  Earl  of  Shrewsbury's  Case ;  or  the  Case  of  Dignities,  1612  [N.]       -    742 

92.  The  Arraignment  and  Confession  of  the  Lord  Sanquire,  (who,  being  a  Baron 

of  Scotland,  was  arraigned  by  the  Name  of  Robert  Creighton,  esq.) 
at  the  King's-bench  Bar,  in  Westminster-hall,  the  27th  of  June,  for 
procuring  the  Murder  of  John  Turner,  a  Master  of  defence,  whom 
he  caused  to  be  shot  with  a  Pistol  by  one  Carliel,  a  Scottish-man,  for 
thrusting  out  one  of  his  Eyes  in  playing  at  Rapier  and  Dagger,  1612      743 

98.  Proceedings  against  Mr.  James  Whitelocke,  in  the  Star-Chamber,  for 

a  Contempt  of  the  King's  Prerogative,  1613    ....         -     766 

94.  Proceedings  against  Mary  Countess  of  Shrewsbury,  before  a  Select  Coun- 

cil, for  a  Contempt  in  refusing  to  answer  fully  before  the  Privy  Coun- 
cil, or  to  subscribe  her  Examination,  1612     "-         -        -         -        -     770 

95.  Case  of  Mr.  William  Talbot,  on  an  Information  ort  terms,  for  maintain- 

ing a  Power  in  the  Pope  to  depose  and  kill  Kings,  1613    -  77$ 

96.  Proceedings  between  the  Lady  Frances  Howard,  Countess  of  Essex,  and 

Robert  Earl  of  Essex,  her  Husband,  before  the  King's  Delegates,  in  a 
Cau^c  of  Divorce,  1613 786 

97.  The  Earl  of  Northampton's  Case,  1613  [N.] 862 

99.  Proceedings  against  Dr.  Richard  Keile,  Bishop  of  Lincoln,  for  Words 

spoken  in  Ue  House  of  Lords,  16 U[N.] 8G6 


TABLE  OF  CONTENTS.  vit 

Page 
99.    The  Case  of  Edmund  Peacbam,  for  Treason,  1615  £N.]  .    870 

100.    The  Case  of  John  Owen,  otherwise  Collins,  for  Treason,   1015  [N.]      •    879 


•1.    Proceedings  against  John  Ogilyiz,  for  High  Treason,  at  Glascow,  in 

Scotland,  1615 884 

The  Arraignment  of  John  Ogihrie,  on  Tuesday  the  28th  of  February, 
in  the  Town-house  of  Glascow,  before  James  Hamilton,  James 
Bell,  Colin  Campbell,  and  James  Bradwood,  Bailifls  of  the  City, 
Justices  appointed  by  special  Commission  for  that  Business,  by 
the  Lords  of  the  Priry-Council      ------    887 

103.  The  Case  of  Mr.  Oliver  St.  John,  on  an  Information  ore  terms,  in  the 
Star-Chamber,  for  writing  and  publishing  a  Paper  against  a  Benevo- 
lence collected  under  Letters  of  the  Privy-Council,  1015  -        -        -    899 

103.  The  Trial  of  Richard  Weston,  at  the  Guildhall  of  London,  for  the  Mur- 

der of  Sir  Thomas  Overbury,  1015         -' 911 

104.  The  Trial  of  Anne  Turner,  Widow,  at  the  King's-bench,  for  the  Murder 

of  Sir  Thomas  Overbury,  1015       ------.     930 

106.  The  Trial  of  Sir  Jervis  Elwes,  knt.  Lieutenant  of  the  Tower ;  at  the 

Guildhall  of  London,  for  the  Murder  of  Sir  Thomas  Overbury,  1015  -    935 

100.    The  Trial  of  Jambs  Franklin,  at  the  King's-bench,  for  the  Murder  of 

Sir  Thomas  Overbury,  1015  ---....    047 

107.  The  Arraignment  of  Sir  Thomas  Monson,  knt.  at  the  Guildhall  of  Lon- 

don, for  the  Murder  of  Sir  Thomas  Overbury,  1015         ...    950 


106.    The  Trial  of  the  Lady  Frances  Countess  of  Somerset,  for  the  Murder  of 

Sir  Thomas  Overbury,  1010 -    951 

109.  The  Trial  of  Robert  Carr,  Earl  of  Somerset,  for  the  Murder  of  Sir 

Thomas  Overbury,  1610 966 

110.  The  Proceedings  against  Sir  John  Hollis,  Sir  John  Wbntworth,  and  Mr. 

Lvmsden,  in  the  Star-Chamber,  for  traducing  the  Public  Justice,  1015  1022 

111.  The  Case  of  Duels;  or  Proceedings  in  the  Star-Chamber,  against  Mr. 

William  Priest,  for  writing  and  sending  a  Challenge,  and  Mr. 
Richard  Wright  for  carrying  it,  1615  -  1034 

113.    The  Case  of  Mart  Smith,  for  Witchcraft,  1616  [N.]   ...        -1050 

113.  Proceedings  against  Mr.  Wraynham,  in  the  Star-Chamber,  for  slander- 

ing the  Lord-Chancellor  Bacon  of  Injustice,  1018     -  •      -        -        .  1059 

114.  The  Caseof  Williams,  of  Essex,  for  Treason,  1019  [N.]      -  1080 

1 15.  Proceedings  in  Parliament  against  Francis  Bacon  Lord  Verulam,  Viscount 

St.  Albans,  Lord  Chancellor  of  England,  upon  an  Impeachment  for 
Bribery  and  Corruption  in  the  Execution  of  his  Office:  And  also 
against  Dr.  Theophilus  Field,  Bishop  of  Llandaff,  1020  -  1037 

1Mb    Proceedings  in  Parliament  against  Sir  Giles  Mompesson,  a  Monopolist 

end  Patentee,  10SO  [N.]      -        -       -        -        -        -        -        -1119 


Tlii  TABLE  OF  CONTENTS. 

117.  Proceedings  in  Parliament  against  Sir  Francis  Micheia,  a  Monopolist 

and  Patentee,  and  Co-partner  with  Sir  Giles  Mompesson,  1621    [N.]  1131 

118.  Proceedings  against  Sir  Henry  Yelverton,  the  King's  Attorney-General, 

for  Misdemeanors,  1621  [N.]        -        - 113i^ 

119.  Proceedings  in  Parliament  against  Sir  John  Bennett,  knt  for  Bribery 

and  Corruption,  1621  [N.] 1146 

120.  Proceedings  in  Parliament  against  Edward  Flotde,  for  scandalizing  the 

Princess  Palatine,  1621  [N.] 1154 

121.  Proceedings  against  George  Abbot,  Archbishop  of  Canterbury,  for  the 

killing  of  Edward  Hawkins,  one  of  the  Lord  Zouch's  Keepers,   1621 
[N.] -        -        -        -  1150 


occedings  on  the  Impeachment  of  the  Lord 
High  drimes  and  Misdemeanors,  1624  [N/ 


122.    Proceedings  on  the  Impeachment  of  the  Lord  Treasurer  Middlesex,  for 

.] 1183 


123.    Proceedings  in  Parliament  against  Samuel  Harsnet,  Bishop  of  Norwich, 

for  Extortion  and  other  Misdemeanors,  1624  [N.]  ....  1254 


KING  CHARLES  THE  FIRST. 


124.  Proceedings  in  Parliament  against  Richard  Mountagub,  Clerk,  for  pub- 

lishing a  factious  and  seditious  Book,  1625  [N.]      -        .        .        -  1258 

125.  Proceedings  in  Parliament  against  the  Duke  of  Buckingham,  the  Earl  of 

Bristol,  and  the  Lord  Conway,  for  High  Crimes  and  Misdemeanors, 
1626  [N.] 1267 

126.  Case  of  George  Abbot,  Archbishop  of  Canterbury,  for  refusing  to  licence 

a  Sermon  preached  by  Dr.  Sibthorpe,  in  order  to  promote  the  Loan 
and  to  justify  the  King's  imposing  Public  Taxes  without  consent  of 
Parliament,  1627  [N.]- 1450 


COBBETTS 


COBBETT'S 

COMPLETE    COLLECTION 


OF 


State  Trials. 


74.  The  Trial  of  Sir  Walter  Raleigh,  knt.  at  Winchester,  for  High 
Treason:  1  James  I.   17th  of  November,  a.  d.  1603. 


1  HE  Commissioners  were,  Henry  Howard, 
earl  of  Suffolk,  Lord  Chamberlain  ;  Charles 
Blunt,  earl  of  Devon;  lord  Henry  Howard, 
afterwards  earl  of  Northampton ;  Robert  Cecil, 
earl  of  Salisbury :  Edward  lord  Wotton  of 
Morlev;  sir  John  Stanhope,  Vice  Chamberlain, 
L.  C.  Justice  of  England,  Pophom ;  L.  C.  Justice 
of  the  Common-Pleas,  Anderson  ;  Mr.  Justice 
Gawdie;  Justice  Warburton;  and  sir  W.  Wade. 

First,  the  Commission  of  Oyer  and  Terminer 
was  read  by  the  Clerk  of  the  Crown  Office;, 
and  the  prisoner  bid  to  hold  up  hi*  hand. 

And  then  presently  the  Indictment,  which 
was  in  effect  as  folio  wet  h : 

"  lliat  he  did  conspire,  and  go  about  to 
deprive  the  king  of  his  Government ;  to 
raise  up  Sedition  within  the  realm  ;  to  alter 
religion,  to  bring  in  die  Roman  Superstition 
and  to  procure  foreign  enemies  to  invade 
tlie  kingdom.  That  the  lord  Cobham,  the  9th 
of  June  last,  did  meet  with  the  said  sir  Walter 
Raleigh  in  Durham- house,  in  the  parish  of  St. 
Martin's  in  the  Fields,  and  then  and  there  had 
conference  with  him,  liow  to  advance  Arabella 
Stuart*  to  the  crown  and  royal  throne  of  this 

*  This  Arabella  Stuart  was  daughter  of 
Charles  Stuart  earl  of  Lennox,  brother  of  Henry 
lord  Darnley  father  of  king  James  th;;  1st. 
Thfse  Charles  and  Henry  were  sons  of  Mar- 
garet the  daughter  of  Margaret  eldest  sister  of 
Henry  8th,  and  mother  of  Jiimcs  the  r»th  of 
Scotland,  father  of  the  celebrated  Marv  the 
mother  of  James  the  1st  of  England.  Tl*'  con- 
temporary historian  Wilson,  after  mentioning 
the  poisoning  of  Over  bury,  Writes  thus:  4*  The  j 
lady  Arabella  dying  about  tin*  time  in  the 
Tower,  *et  mens  tongues  and  fears  at  work, 
chat  she  went  the  same  wav.  Such  mi-ehicf 
doth  one  evil  action  introduce,  thdt  it  unites  a 
great  road  for  jealousy  to  punue  after  it.     The 

\Ql~  IL 


kingdom ;  and  that  then  and  there  it  was 
agreed,  that  Cobham  should  treat  with  Arem- 
berg,  embassador  from  the  archduke  of  Austria, 
to  obtain  of  him  600,000  crown*,  to  bring  to 
pass  their  intended  treason.  It  was  agreed 
that  Cobham  should  go  to  the  archduke  Albert, 
to  proeure  him  to  advance  the  pretended  titl« 
of  Arabella  :  from  thence  knowing  that  Albert 
had  not  sufficient  means  to  maintain  his  own 
army  in  the  Low  Countries,  Cobham  should  go 

lady  was  daughter  to  Charles  Stuart,  (younger 
brother  to  our  king's  father)  by  Elizabeth  Ca- 
vendish, and  was  married  some  years  past  to  sir 
William  Seymour,  son  to  the  lord  Beauchamp, 
and  grandchild  to  Edward  earl  of  Hertford; 
both  at  some  distance  allied  to  the  crown, 
therefore  such  a  conjunction  would  not  be  ad- 
mitted in  the  Royal  Almanack  ;  so  dreadful  is 
every  apparition  that  comes  near  princes  titles. 
Sir  William  Seymour  for  the  marriage  was  com- 
mitted to  the  Tower,  and  the  lady  Arabella  con- 
fined  to  her  house  at  High-gate.  But  after4some 
imprisonment,  they  conclude  to  escape  beyond 
sea  together ;  appointing  to  meet  at  a  certain 
place  upon  the  Thames.  Sir  William  leaving  his 
man  in  his  bed,  to  act  his  part  with  his  keeper, 
got  out  of  the  Tower  in  a  disguise,  and  came  to 
the  place  appointed.  She,  dressed  like  a  young 
gallant  in  man's  attire,  followed  him  from  her 
houte ;  but  staying  long  above  the  limited  time, 
made  him  su>picious  of  her  interception ;  so 
that  he  went  away,  leaving  notice  if  she  came, 
that  he  was  gone  away  before  to  Dunkirk. 
She,  good  lady,  fraught  with  more  fears,  and 
larging  in  her  flight,  was  apprehended,  brought 
hack  to  the  Tower,  and  there  finished  her 
earthly  pilnrimn^c.  She  beini;  dead,  sir  Wil- 
liam Seymour  got  leave  to  return  home,  and 
man  led  since  to  the  ladv  France?,  daughter  t# 
the  l.'.'e  ea:l  of  E>sex." 
u 


'] 


STATE  TRIALS,  1  James  I.  1603 Trial  &  Sir  Walter  Raleigh, 


I* 


to  Spain  to  procure  the  kin*:  to  assist  and  further 
her  pretended  title. — It  was  agreed,  the  better 
to  effect  all  this  Conspiracy,  that  Arabella  should 
write  three  Letters,  one  to  the  Archduke, 
smother  to  the  king  of  Spain,  and  a  third  to 
the  duke  of  Savoy ;  and  promise  three  things  : 
— 1.  To  establish  a  firm  Peace  between  Eng- 
land and  Spain.  2.  To  tolerate  the  Popish  and 
Roman  Superstition.  3.  To  be  ruled  by  them 
in  contracting  of  her  Marriage. — And  for  the 
efFectiug  of  these  traiterous  purposes,  Cobham 
^iould  return  by  the  isle  of  Jersey,  and  should 
find  sir  Walter  Raleigh  captain  of  the.  said 
Isle,  there,  and  take  counsel  of  Raleigh  for  the 
distributing  of  the  aforesaid,  crowns,  as  (he 
occasion  or  discontentment  of  the  subjects 
should  give  cause  and  way. — And  further,  That 
Cobham  and  his  brother  Brook  met  on  the 
9th  of  June  last,  and  Cobham  told  Brook  all 
these  Treasons  :  to  the  which  Treasons  Brook 
gave  his  assent,  and  did  join  himself  to  all  these. 
And  after,  on  the  Thursday  following,  Cobham 
and  Brook  did  speak  these  words  ;  'That  there 
would  never  be  a  good  world  in  England,  till 
the  king'  (u.eaning  our  sovereign  lord)  '  and 
his  cubs'  (meaning  Ins  royal  issue)  '  were  taken 
away/ — And  the  more  to  disable  and  deprive 
the  kill);  of  his  crown,  and  to  confirm  the  said 
Cob  ham  in  his  intents,  Raleigh  did  publish  a 
Book,  tiiWy  written  against  the  most  just  and 
royal  Title  of  the  king,  knowing  the  said  Book 
to  he  written  Jigainst  the  just  Title  of  the  king; 
which  Book  Cobham  after  that  received  of  him. 
Further,  for  the  better  effecting  these  traiterous 
purposes,  and  to  establish  the  said  Brook  in 
his  intent,  the  said  Cobham  did  deliver  the 
said  Book  unto  him  the  14th  of  June.  And 
further,  the  said  Cobham,  on  the  Kith  of  June, 


To  the  Indictment,  Sir  Walter  Raleigh  plead* 
ed  Not  Guilty. 

The  Jury  were  sir  Ralph  Conisby,  sir  Thomas 
Fowler,  sir  Edward  Peacock,  sir  Wm.  Rowe, 
knights ;  Henry  Goodyer,  Thomas  Walker,  Ro- 
ger Wood,  Thomas  Whitby,  esquires;  Tho. 
Highgate,  Robert  Kempton,  John  Chawkey, 
Robert  Bromley,  gentlemen. 

Sir  Walter  Raleigh,  Prisoner,  was  asked. 
Whether  he  would  take  exceptions  to  any  of 
the  Jury  ? 

Raleigh.  I  know  none  of  them ;  they  are 
all  Christians,  and  honest  gentlemen,  I  except 
against  none. 

£.  of  Suffolk.  You  gentlemen  of  the  king's 
learned  Counsel,  follow  the  same  course  as 
you  did  the  other  day. 

'Raleigh.  My  lord,  I  pray  you  I  may  an- 
swer the  points  particularly  as  they  are  deli- 
vered, by  reason  of  the  weakness  of  my  me- 
mory and  sickness. 

L.  C.  J.  Popham.  After  the  king's  learned 
council  have  delivered  all  the  Evidence,  sir 
Walter,  you  niay  answer  particularly  to  what 
you  will. 

He  ale  y  the  King's  Serjeant.  You  have  heard 
of  Raleigh's  bloody  attempts  to  kill  the  king 
and  his  royal  progeny,  and  in  place  thereof, 
to  advance  one  Arabella  Stuart.  The  particu- 
lars of  the  Indictment  are  these  :  Fir&t,  that 
Raleigh  met  with  Cobham  the  9th  of  June, 
and  had  Conference  of  an  Invasion,  of  a  Re- 
bellion, and  an  Insurrection,  to  be  made  by 
the  king's  Mibjcns,  to  depose  the  king,  and  to 
kill  his  children,  poor  babes  that  never  gave 
offence.  Here  i*  blood,  here  is  a  new  king 
and  governor.  In  our  king  consists  all  our 
happiness,  and  the  true  use  of  the  Gospel ;  a 


for  accomplishment  of  the  said  Conference,  thing  which  we  all  wish  to  be  settled,  after  the 
and  by  the  traiterous  instigation  of  Raleigh,  did  death  of  the  queen.  Here  must  be  Money  to 
move  Brook  to  incite  Arabella  to  write  to  the    do  this,  for  monev  is  the  sinew  of  war.    Where 


three  fore  named  prince*,  to  procure  them  to 
advance  her  Title;  and  that  she  after  she  had 
obtained  the  crown,  should  promise  to  per- 
form three  things,  viz.  1.  Peace  between  Eug- 


sliould  that  be  had?  count  Aremberg  must 
procure  it  of  Philip  kiug  of  Spain,  five  or  six 
hundred  thousand  crowns';  and  out  of  this 
sum    Raleigh  must  have  8000.     But  what  is 


laud  and  Spurn.     2.  To  tolerate  with  impunity    thut  count  Arcmbci-g  ?    Though  I  am  no  good 
the  Popish  and  Roman  Superstitions.     tf.  To    Frenchman,  yet  it  is  as  much  as  to  say  in  Eng- 


be  ruled  by  them  three  in  the  contracting  of 
her  marriage. — To  these  motions  the  said 
Brook  gave  his  assent.  And  for  the  better  ef- 
fecting of  the  snid  Treasons,  Cobham  ou  the 
17 th   of  June,   by   the  instigation  of  Raleigh, 


did 

deliver  the  said  Letters  to  oue  Matthew  de 
Luureucy,  to  be  delivered  to  the  said  count, 
which  he  did  deliver,  for  the  obtaining  of  the 
600,000  crowns :  which  money  by  other  Let- 
ter* count  Aremberg  did  pn»mi>e  to  perform 
the  pa) meat  of;  and  tln&LiUer  Cubhim  re- 
ceived the  UUh  of  June.  And  then  did  Col >- 
hsun  prouiue  to  Raleigh,  that  wh;n  he  hid  re- 
ceived the  said  monev,  l»;  would  dciiwr  lUK)0 
crowns  to  him,  to  which  metion  he  did  consent; 
and  afterwards  Cobham  otfered  Brook,  that  after 
he  should  receive  the  said  crowns,  he  would  give 
to  him  10,000  thereof;  to  which  motion  Brook 
did  assent.1* 


lish,  earl  of  Aremberg.  Then  there  must  be 
Friends  to  effect  this:  Cobhain  must  go  to  Al- 
bert archduke  of  Austria,  for  whom  Aremberg 
v.ai  ambassador  at  that  tunc  in  England.  And 
vhat  then  ?   He  must  persuade  the  duke  to  as- 


writ  e  Letters  to  count  Aremberg,  and  did    ^%t  the   pretended    title   of  Arabella.     From 

—   •'■ :1   r '■  ^   "'  '    '  thence  Cobhain  imi.i  -o  to  the   king  of  Spam, 

and  persuade  him  to  assist  the  said  title.  Since 
the  Conquest,  th? re  uus  never  the  like  Trea- 
son. But  out  ol  whose  head  carrie  it?  Out  of 
Kale-iib's,  who  ii.u«l  also  advise  Cobham  to 
us>o  hit  brother  Ihool;  to  incite  the  lady  Ara- 
bella 4<>  write  three  sceral  Letters,  as  afore- 
said in  the  Indictment :  all  this  was  on  the  9th 
of  June.  Then  three  itnys  after,  Brook  was 
acquainted  with  it.  After  this,  Cobham  said 
to  Biouk,  '  It  will  never  be  well  in  England, 
till  the  king  and  his  '  cubs1  are  taken  away/ 
Afterwards,  Raleigh  delivered  a  book  to  Cob* 
bam,  treacherously  written  against  the  Titfeof 


STATE  TRIALS,  ]  James  I.  1603— for  High  Treason. 


[« 


the  king.  It  appears  that  Cobham  took  Ra- 
leigh to  be  either  a  God,  or  an  idol.  Cobham 
endeavours  to  set  up  a  new  king,  or  governor ; 
God  forbid  mine  eyes  should  ever  see  so  un- 
happy a  change.  As  for  the  lady  Arabella,  she, 
upon  my  conscience,  hath  no  more  Title  to  the 
crown  than  I  have,  which  before  God  1  utterly 
renounce.  Cobham,  a  man  bred  in  England, 
hath  no  experience  abroad;  but  Raleigh,  a 
man  of  great  wit,  military,  and  a  sword- man. 
Now,  whether  these  things  were  bred  in  a 
hollow  tree,  I  leave  to  theui  to  speak  of,  who 
can  speak  tar  better  than  myself. — And  so  sat 
him  down  again. 

Attorney  General  (Sir  Ed.  Ooke)  I  must 
first,  my  lords,  before  I  come  to  the  cause,  give 
one  caution,  because  vie  shall  often  mention 
persons  of  emineot  places,  some  of  them  great , 
monarch*  :  whatever  we  say  of  them,  we  shall 
but  repeat  what  others  have  said  of  them ;  I 
mean  the  Capital  Offenders  in  their  Confes- 
sions. We  professing  law,  must  speak  reve- 
rently of  kings  and  potentates.  I  perceive 
these  honourable  lords,  and  the  rest  of  this 
great  assembly,  are  come'  to  hear  what  hath 
been  scattered  upon  the  wrack  of  report.  We 
carry  a  just  mind,  to  condemn  no  man,  but 
upon  plain  Evidence.  Here  is  Mischief,  Mis- 
chief in  summo  gradu,  exorbitant  Mischief. 
My  Speech  shall  chiefly  touch  tliese  three 
points;  Imitation,  Supportation,  and  Defence. 
—The  Imitation  of  evil  ever  exceeds  the  Prece- 
dent; as  on  the  contrary,  imitation  of  good 
ever  comes  short.  Mischief  cannot  be  sup- 
ported but  by  Mischief;  yea  it  will  so  multiply, 
that  it  will  bring  all  to  confusion.  Mischief  is 
ever  underpropped  by  falshood  or  foul  practices : 
and  because  all  these  things  did  concur  in  this 
Treason,  you  shall  understand  the  main,  as 
before  you  did  the  bye. — The  Treason  of  the 
bye  cousisteth  in  these  Points  :  first,  that  the 
lord  Grey,  Brook,  Markham,  and  the  rest,  in- 
tended by  force  in  the  night  to  surprize  the 
king's  court;  which  was  a  Rebellion  in  the 
heart  of  the  realm,  yea,  in  the  heart  of  the 
heart,  in  the  Court.  They  intended  to  take 
him  that  is  a  sovereign,  to  make  him  subject  to 
their  power,  purposing  to  open  the  doors  with 
musquets  and  cavaliers,  and  to  take  also  the 
Prince  and  Council :  then  under  the  king's 
authority  to  carry  the  king  to  the  Tower; 
and  to  make  a  stale  of  the  admiral.  When 
they  had  the  king  there,  to  extort  three 
things  from  him:  first,  A  Pardon  for  all  their 
Treasons:  Secondly,  A  Toleration  of  the  Ro- 
man Superstition  ;  which  their  eyes  shall  sooner 
fall  out  than  th**y  shall  ever  see;  for  the  king 
hath  spoken  these  words  in  the  hearing  of 
many,  '  I  will  lose  the  crown  and  my  life, 
before  ever  I  will  alter  Religion.'  And  thirdly, 
To  remove  Counsellors.  In  the  room  of  the 
Lord  Chancellor,  they  would  have  placed  one 
Watson  spriest,  absurd  in  Humanity  and  ij;- 
aorant  in  Divinity.  Brook,  of  whom  1  will 
fpeak  nothing,  Lord  Treasurer.  The  great 
Secretary  most  be  Markham  ;  Oeulus  patriae. 
A  hole  must  be  found  in  my  Lord  Chief  Jus- 


tice's coat.  Grey  must  be  Earl-Marshal,  and 
Master  of  the  Horse,  because  he  would  have  a 
table  in  the  court ;  marry,  he  would  advance 
the  earl  of  Worcester  to  a  higher  place.  All 
this  cannot  be  done  without  a  multitude  : 
therefore  Watsou  the  priest  tells  a  resolute  man, 
that  the  king  was  in  danger  of  Puritans  and 
Jesuits  ;  so  to  bring  him  in  blindfold  into  the 
action,  saying,  That  the  king  is  no  king  till  he 
be  crowned ;  therefore  every  man  might  right 
his  own  wrongs  :  but  he  is  rex  natus,  his  dig- 
nity descends  as  well  as  yours,  my  lords.  Then  . 
Watson  imposeth  a  blasphemous  Oath,  that 
they  should,  swear  to  defend  the  king's  person  ; 
to  keep  secret  what  was  given  them  in  charge, 
and  seek  all  ways  and  means  to  ndvance  the 
Catholic  Religion.  Then  they  intend  to  send 
for  the  Lord  Mayor  and  the  Aldermen,  in  the 
king's  name,  to  the  Tower ;  lest  they  should 
make  any  resistance,  and  then  to  take  hostages 
of  them ;  and  to  enjoin  them  to  provide  for 
them  victuals  and  munition.  Grey,  because 
the  king  removed  before  Midsummer,  had  a 
further  reach,  to  get  a  Company  of  Sword-men 
to  assist  the  action  :  therefore  he  would  stay 
till  he  had  obtained  a  regiment  from  Ostend  or 
Austria.  So  you  see  these  Treasons  were  like 
Sampson's  foxes,  which  were  joined  in  fheir 
tails,  though  their  heads  were  severed. 

Raleigh.  You  Gentlemen  of  the  Jury,  I 
pray  remember,  I  am  not  charged  with  the 
feye,  being  the  Treason  of  the  priest. 

Attorney.  You  are  not.  My  lords,  you 
shall  observe  three  tilings  in  the  Treasons  :  1 . 
They  had  a  Watch-word  (the  king's  safety); 
their  Pretence  w  as  Bonum  in  se ;  their  Intent 
was  Malum  in  se  ;  2.  They  avouched  Scrip- 
ture; both  the  priests  had  Scrip  turn  est  ;  per- 
verting and  ignorant ly  mistaking  the  Scriptures : 
3.  They  avouched  the  Common  Law,  to  prove 
that  he  was  no  king  until  he  was  crowned ; 
alledging  a  Statute  of  13  Eliz.  This,  by  way  of 
Imitation,  hath  been  the  course  of  all  Traitors. 
— In  the  20th  of  Edw.  '2.  Isabella  the  Queen, 
and  die  lord  Mortimer,  gave  out,  that  the  king's 
Person  was  not  safe,  for  the  good  of  the  Church 
and  Commonwealth.  The  Bishop  of  Carlisle 
did  preach  on  this  Text,  *  My  head  is  grieved/ 
meaning  by  the  Head,  the  Kins; ;  what  when 
the  Head  began  to  be  negligent,  the  people 
might  reform  what  is  amiss.  In  the  3rd  of 
Henry  4,  sir  Roger  Clarendon,  accompanied 
with  two  priests,  gave  out,  that  Richard  2,  was 
alive,  when  he  was  dead.  Edward  3  caused 
Mortimer's  head  to  be  cut  off,  for  giving 
counsel  to  murder  the  king.  The  3rd  of 
Henry  7.  sir  Henry  Stanley  found  the  crown  in 
the  dust,  and  .set  it  on  the  king's  head  :  when 
Firzwater  and  Garret  told  him,  that  Edward  5 
was  alive,  he  said,  *  If  he  be  alive,  I  will  assist 
him/  Rut  this  cost  him  his  head.  Edmund  de 
la  Pole,  duke  of  Sutfolk,  killed  a  man  in  the 
reign  of  king  Henry  7,  for  which  the  king  would 
have  him  hold  up  his  hand  at  the  h:tr,  and  then 
pardoned  him:  Yet  he  took  such  an  offence 
thereat,  that  he  sent  to  the  noblemen  to  help  to 
reform  the  Commonwealth  ;  and  then  said,  he 


'] 


STATE  TRIALS,  I  James  I.  1 80S.— Trial  rf Sir  Walter  Raleigh, 


[» 


would  go  to  France  and  get  power  there.  Sir 
Roger,  Coinpton  knew  nil  the  Treason,  and 
discovered  Win  don  and  others  that  were  at- 
tainted. He  said,  there  was  another  thing  that 
would  be  stood  upon,  namely,  that  they  had 
but  one  Witness.  Then  he  vouched  one 
Apple yurd's  Case,  a  Traitor  in  Norfolk,  who 
said,  a  man  must  have  two  accusers.  Helms 
was  the  man  that  accused  him ;  hut  Mr.  justice 
Catlin  said,  that  that  Statute  was  not  in  force 
at  that  day.  His  words  were,  '  Thrust  her 
into  the  ditch.*  Then  he  went  on  speaking  of 
Accusers,  and  made  this  difference  :  an  Ac- 
cuser is  a  spenkcr  by  report,  when  a  Witness 
is  he  thnt  upon  his  oath  shall  speak  his  know- 
ledge of  any  man. — A  third  sort  of  Evidence 
theic  is  likewise,  and  this  is  held  more  forcible 
than  cither  of  the  other  two;  and  that  is,  when 
a  man,  by  his  accusation  of  another,  shall, 
by  the  same  accusation,  also  condemn  him- 
self, and  make  himself  liable  to  the  same  fault 
and  punishment :  this  is  more  'forcible  than 
many  Witnesses.  So  then  so  much  by  way  of 
Imitation. — Then  he  defined  Treason  :  there 
is  Treason  in  the  heart,  in  the  hand,  in  the 
mouth,  in  consummation:  comparing  that  in 
eordc  to  the  root  of  a  tree  ;  in  ore,  to  the 
bud ;  in  tttanu  to  the  blossom  ;  and  thnt 
which  is  in  consumwatione,  to  the  fruit. — 
K«w  I  come  to  your  Charge,  You  of  the  Jury: 
the  greatness  ot  Treason  is  to  be  considered  in 
these  two  things,  Dctcrmmationc  jlnis,  and 
Elect  tone  waiiorum.  This  Treason  excel  let  h 
in  both,  for  that  it  was  to  destroy  the  king  and 
his  progeny.  These  Treasons  are  said  to  be 
Crimen  Imc  mnjeutatis;  this  goeth  further,  and 
may  he  termed,  Crimen  exlirpnndtc  regia  mu- 
JL'stutii,  4"  totius  progenici  sittt.  I  shall  not  need, 


on  discontented  persons,  to  raise  Rebellion  on 
the  kingdom. 

Raleigh.    Let  me  answer  for  myself. 

Attorney.     Thou  shalt  not. 

Raleigh.     It  concerneth  my  life. 

L.  C.  J.  Sir  Walter  Raleigh,  Mr.  Attorney 
is  hut  yet  in  the  General :  but  when  the  king's 
Counsel  have  given  the  Evidence  wholly  you 
shall  answer  every  Particular. 

Attorney.     Oh !  do  I  touch  you  ? 

Lord  Cecil.  Mr.  Attorney,  when  you  have 
done  with  this  Geurral  Charge,  do  you  not 
mean  to  let  him  answer  every  Particular  ? 

Attorney.  Yes,  when  we  deliver  the  Proofs 
to  be  read.  Raleigh  procured  Cobham  to  go 
to  A  rem  berg,  which  he  did  by  his  instigation  : 
Raleigh  supped  with  Cobham  before  he  went  to 
A  rem  berg;  after  supper,  Raleigh  conducted  him 
to  Durham-house;  trom  thence  Cobham  went 
with  Lawrency,  a  servant  of  ArembergV,  unto 
him,  and  went  in  by  a  back  way.  Cobham 
could  never  be  quiet  until  he  had  entertained 
this  motion,  for  he  had  four  Letters  from  Ra- 
leigh. Aremberg  answered,  The  Money  should 
be  performed,  hut  knew  nut  to  whom  it  should 
be  distributed.  Then  Cohliam  and  Lawrcucy 
came  back  to  Durham-house,  where  they  found 
Raleigh.  Cobham  and  Raleigh  went  up,  and 
left  J^iwrenry  below,  where  they  had  secret 
conference  in  a  gallery ;  and  atter,  Colduin 
and  Lawrency  departed  from  Raleigh.  Your 
jargon  was  Peace :  What  is  that?  Spanish  In- 
vasion, Scoiish  Subversion.  And  again,  you 
are  not  a  lit  man  to  take  s-o  much  Money  for 
procuring  of  a  lawful  Peace,  for  peace  procured 
by  monev  is  dishonourable.  Then  Cobham 
mu^t  go  to  Spain,  and  return  by  Jersey,  where 
you  were  Captain  :  and  then,  because  Cobham 


my  lords,  to  speak  any  thing  concerning  the  had  not  so  much  policy,  or  at  len&t  wickedness, 
King,  nor  of  the  bounty  and  sweetness  of  his  as  you,  he  must  have  your  advice  for  the  tus- 
natiue,  who^e  thoughts  are  innocent,  whose  tribution  of  the  Money.  Would  you  have  de- 
words  are  full  of  wisdom  and  learning,  and  posed  so  pood  a  king,  lineally  descended  of  Eli- 
whose  works  are  full  of  honour:  although  it  be  zabcth,  eldest  daughter  of  Edward  4?  Why 
a  true  Saying,  Nuttquam  nimis  quod  antiquum    then  must  you  set  yp  another  ?    I  think  you 

meant  to  make  Arabella  a  Titular  Queen,  of 
whose  Title  I  will  speak  nothing  ;  but  snr<»  yuu 


talis.  But  to  whom  do  \ou  bear  Malice?  to 
the  Children  ? 

Raleigh.  To  whom  speak  you  this?  You 
tell  me  news  I  never  heard  of. 

Attorney.  Oh,  sir,  do  I  ?  I  will  prove  you 
the  notonest  Traitor  that  ever  came  to  the  bar. 


meant  to  make  her  a  stale.      Ah  !   good  bmy, 
you  could  mean  her  no  good. 

Raleigh.     You  tell  me  news,  Mr.  Attorney. 

Att.     Oh,  sir!  I  am  the  more  large,  because 


After  you  have  taken  away  the  King,  you  would  I  I  know  with  whom  I  deal :  for  we  have  to  deal 
alter  Religion :  as  you  sir  Walter  Raleigh,  have  ■  to-day  with  a  man  of  wit. 


followed  them  of  the  Dye  in  Imitation  :    for  I 
will  charge  you  with  the  Words. 

Raleigh.  Your  words  cannot  condemn  me; 
my  innocency  is  my  defence.  Prove  one  of 
these  things  wherewith  you  have  charged  me, 
and  I  will  confess  the  whole  Indictment,  and 
that  I  am  the  horriblest  Traitor  that  ever  lived, 
and  worthy  to  be  crucified  with  a  thousand 
thousand  torments. 


Attorney.    Nay,  I  will  prove  all :  thou  art  a    self;  I  say  nothing. 


Rultigh.     Did  I  ever  speak  with  this  lady  ? 

Att.  J  will  track  you  out  before  I  have 
done.  Englishmen  will  not  be  led  hy  persua- 
sion of  words,  but  they  must  have  books  to  per- 
suade. 

Raleigh.  The  Book  was  written  by  a  man 
of  your  profession,  Mr.  Attorney. 

Att.     I  would  not  have  you  impatient. 

Ra/eifih.      Methinks  you  fall  out  with  your- 


monster;  thou  host  an  English  face,  but  a  Spa- 
nish heart.  Now  you  must  have  Money :  Arem- 
berg was  no  sooner  in  England  (I  charge  thee 
Raleigh)  but  thou  incitedst  Cobluim  to  go  unto 
him,  and  to  deal  with  him  for  Money,  to  bestow 


Att.  By  this  Book  you  would  persuade  men, 
thnt  he  is  not  the  law  ml  king.  Now  let  us 
consider  some  circumstances :  My  lords,  you 
know  my  lord  Cobham  (lor  whom  we  all  lament 
aud  rejoice ;    lament  in  that  .his  house,  which 


9] 


STATE  TRIALS,  1  Jambs  I.  l603.-^r  High  Treaton. 


[1» 


hath  stood  so  long  unspotted,  is  now  ruinated  ; 
rejoice,  in  that  his  Treasons  are  revealed  i\  he 
is  neither  politician  nor  sword  man ;  Raleigh 
was  bothy  united  in  the  Cause  with  him,  and 
therefore  cause  of  his  destruction.  Another 
circumstance  is,  the  secret  contriving  of  it. 
Humphry  Stafford  claimed  Sanctuary  for  Trea- 
son. Raleigh,  in  his  Machiavelian  policy,  hath 
made  a  Sanctuary  for  Treason  :  lie  must  talk 
with  none  but  Cobham ;  because,  saith  he,  one 
Witness  can  never  condemn  me.  For  Brook 
said  unto  sir  Griffith  Markhum,  '  Take  heed 
'  how  you  do  make  my  lord  Cobham  acquaint- 
•  ed  ;  for  whatsoever  he  knoweth,  Raleigh  the 
'  witch  will  get  it  out  of  him/  As  soon  as  Ra- 
leigh was  examined  on  one  point  of  Treason 
concerning  my  lord  Cobham,  he  wrote  to  him 
thus ;  '  I  nave  been  examined  of  you,  and  con- 
4  fessed  nothing.'  Further,  you  sent  to  him  by 
your  trusty  Francis  Kemish,  that  one  Witness 
could  not  condemn :  and  therefore  bad  his 
lordship  be  of  good  courage.  Came  this  out 
of  Cobham's  quiver  ?  No  :  but  out  of  Raleigh's 
Machiavelian  and  devilish  policy.  Yea,  but 
Cobham  did  retract  it ;  why  then  did  ye  urge 
it  ?  Now  then  see  the  most  horrible  practices 
that  ever  came  out  of  the  bottomless  pit  of  the 
lowest  hell.  After  that  Raleigh  had  intelligence 
that  Cobham  had  accused  him,  he  endeavoured 
to  have  intelligence  from  Cobham,  which  he 
bad  gotten  by  young  sir  John  Pay  ton  :  but  I 
think  it  was  the  error  of  his  youth. 

Raleigh.     The  lords  told  it  me,  or  else  I  had 
not  been  sent  to  the  Tower. 

Alt.  Thus  Cobham,  by  the  instigation  of 
R-ilemh,  entered  into  these  actions :  So  that 
tbe  question  will  be,  Whether  you  are  not  the 
imocipal  Traitor,  and  he  would  nevertheless 
wive  entered  into  it  ?  Why  did  Cobham  retract 
all  that  same  ?  First,  Because  Raleigh  was  so 
odious,  he  thought  lie  should  fare  the  worse  for 
Lis  sake.  .  Secondly,  he  thought  thus  with  him- 
*if,  If  he  be  free  I  shall  clear  myself  the  bet- 
Ur.  After  this,  Cobham  asked  for  a  Preacher 
t"  confer  with,  pretending  to  have  Dr.  An- 
drew* ;  but  indeed  he  meant  not  to  have  him, 
W  Mr.  Galloway ;  a  worthy  and  reverend 
preacher,  who  can  do  more  with  the  king  (as 
le  laid)  than  any  other ;  that  he,  seeing  his 
constant  denial,  might  inform  the  king  thereof. 
Here  he  plays  with  the  preacher.  If  Raleigh 
coold  persuade  the  lords,  that  Cobham  had  no 
*tent  to  travel,  then  he  thought  nil  should  be 
■ell.  Here  is  Forgery  !  In  the  Tower  Cobham 
&um  write  to  sir  Thomas  Vane,  a  worthy  man, 
ttat  be  meant  not  to  go  into  Spain  :  which 
Letter  Raleigh  devised  in  Cobham's  name. 

RtUigh.     I  will  wash  my  hands  of  the  In- 
dictment, and  die  a  true  man  to  the  king. 

Att.  You  are  the  absolutest  Traitor  that 
etertras. 
Raleigh .  Your  phrases  will  not  prove  it. 
Alt.  Cobham  writeth  a  Letter  to  my  lord 
( <-u!,  and  doth  will  Mellis's  man  to  lay  it  in  a 
Spanish  Bible,  nnd  to  make  as  though  he  round 
<  ty chance.  This  was  after  he  had  intelli- 
pace  with  this  viper,  that  he  was  false. 


Lord  Cecil.  You  mean  a  Letter  intended  to- 
me;  I  never  had  it. 

Alt.  No,  my  lord,  you  had  it  not.  You, 
my  masters  of  the  jury,  respect  not  the  wick- 
edness and  hatred  of  the  man,  respect  his 
cause  :  if  he  be  guilty,  I  know  you  will  have 
care  of  it,  for  the  preservation  of  the  king,  the 
continuance  of  the  Gospel  authorized,  and  the 
good  of  us  all. 

Raleigh.  I  do  not  hear  yet,  that  you  have 
spoken  one  word  against  me ;  here  is  no  Trea- 
son of  mine  done :  If  iny  lord  Cobham  be  a 
Traitor,  what  is  that  to  me  ? 

Att.  All  that  he  did  was  by  thy  instigation, 
thou  Viper ;  for  I  thou  *  thee,  thou  Traitor. 

Raleigh.  It  becometh  not  a  man  of  quality 
and  virtue,  to  call  me  so  :  But  I  take  comfort 
in  it,  it  is  all  you  can  do. 

Alt.    Have  I  angered  you  ? 

Raleigh.    I  am  in  no  case  to  be  angry. 

C.  J.  Pop  ham.  Sir  Walter  Raleigh,  Mr. 
Attorney  speaketh  out  of  the  zeal  of  his  duty, 
for  the  service  of  tbe  king,  and  you  for  your 
life ;  be  valiant  on  both  sides. 

The  Lord  Cobham's  Examination. 

"  lie  confesseth,  he  had  a  Passport  to  go 
into  Spain,  intending  to  go  to  the  Archduke, 
to  confer  with  him  about  these  Practices ;  and 
because  he  knew  the  Archduke  had  not  Money 
to  pay  his  own  army,  from  thence  he  meant  to 
go  to"  Spain,  to  deal  with  the  king  for  the 
600,000  crowns,  and  to  return  by  Jersey  ;  and 
that  nothing  should  be  done,  until  he  had 
spoken  with  sir  Walter  Raleigh  for  distribution 
of  the  Money  to  them  which  were  discontented 
in  Kngland.  At  the  first  beginning,  he  breath- 
ed out  oaths  and  exclamations  against  Raleigh, 
calling  him  Villain  and  Traitor  ;  saying  he  had 
never  entered  into  these  course?,  but  hv  his 
instigation,  and  that  he  would  never  let  him 
alone." — [Here  Mr.  Attorney  willed  the  Clerk 
of  the  Crown-Otiicc  to  read  over  these  Inst 
words  again,  '  He  would  never  let  him  alone. 'J 
'*  Besides  he  spake  of  Plots  and  Invasions ;  ot 
the  particulars  whereof  lie  could  gi\e  no  ac- 
count, though  Raleigh  ,and  he  had  conferred  of 
them.  Further  he  said,  he  was  afraid  of  fta- 
leigh,  that  when  he  should  return  by  Jersey, 
that  he  would  have  delivered  him  and  the  Mo- 
ney to  the  king.  Being  examined  of  sir  Arthur 
Gorge,  he  freed  him,  saying,  They  never  duot 
trust  him  :  but  sir  Arthur  Savage  they  intend- 
ed to  use,  because  they  thought  him  a 'fit  man". 

Haleigh.  Let  me  see  the  Accusation  :  This 
is  absolutely  all  the  Evidence  can  be  brought 
against  me;  poor  shifts  !  You  Gentlemen  of 
the  Jury,  T  pray  you  understand  this.  This  is 
that  which  must  cither  condemn,  or  give  me 
life  ;  which  must  free  me,  or  send  my  wife  nnd 
children  to  beg  their  bread  about  the  streets  : 

*  Shakespear,  in  all  probability,  alludes  to 
this,  when  he  makes  sir  Toby  in  giving  direc- 
tions to  sir  Andrew  for  his  challenge  to  Viola, 
say,  If  thou  thowft  him  some  thrice,  it  may  not 
be  amiss,"    See  Twelfth  Night. 


1 1]  STATE  TRIALS,  1  James  I.  I0O&— Trial  of  Sir  Walter  Raleigh,  [12 

Christendom ;  but  now  he  coraeth  creeping  to 
the  king  my  master  Sbr  peace*.  I  knew,  whereas 
before  he  had  in  iiis  port  six  or  seven  score 
sail  of  ships,  he  hath  now  but  six  or  seren.  I 
knew  of  25,000,000  he  had  from  hisJndies,  he 
bath  scarce  one  left.  I  knew  him  to  be  so  poor, 
that  the  Jesuits  in  Spain,  who  were  wont  to 
have  such  large  allowance,  were  fain  to  beg  at 
the  church-door.  Was  it  ever*  read  or  heard, 
that  any  prince  should  disburse  so  much  money 
without  a  sufficient  pawn  ?  I  knew  her  own 
subjects,  the  citizens  of  London,  woold  not  lend 
her  majesty  money,  without  lands  in  mortgage. 
I  knew  the  Queen  did  not  lend  the  States, 
money,  without  Flushing,  Brill,  and  other 
towns  for  a  pawn.  And  can  it  be  thought,  that 
he  would  let  Cobham  have  so  great  a  sum  ?— 
I  never  came  to  the  lord  Cobham's,  but  about 
matters  of  his  profit ;  as  the  ordering  of  his 
house,  paying  of  his  servants  board-wages,  ore. 
I  had  of  his,  when  I  was  examined,  4,000/. 
worth  of  jewels  for  a  purchase ;  a  pearl  of 
3,000/.  and  a  ring  worth  500/.  If  he  had  had 
a  fancy  to  run  away,  he  would  not  have  left  so 
much  to  have  purchased  a  lease  in  fee-farm.  I 
saw  him  buy  300/.  worth  of  Books  to  send  to 
his  Library  at  Canterbury,  and  a  cabinet  of  30/. 
to  give  to  Mr.  Attorney,  for  drawing  the  con- 
veyances :  and  God  in  heaven  knowetb,  not  1, 
whether  he  intended  to  travel  or  no.  But  for 
that  practice  with  A  rubella,  or  letters  to  Arem- 
berg framed,  or  any  discourse  with  him,  or  in 
what  language  he  spake  unto  him;  if  I  knew 
any  of  these  things,  I  would  absolutely  confess 
the  indictment,  and  acknowledge  myself  worthy 
ten  thousand  deaths. 


This  is  that  must  prove  me  a  notorious  Traitor, 
or  a  true  subject  to  the  king.  Let  me  see  my 
Accusation,  that  I  may  make  my  Answer. 

Clewk  of'  the  Council,     I  did  read  it,  and 
shew  you  all  the  Examinations. 

Raleigh,  At  my  first  Examination  at  Wind- 
sor, my  lords  asked  me,  what  I  kuew  of  Cob- 
ham's  practice  with  Aremberg,  I  answered  ne- 
gatively :  And  as  concerning  Arabella,  I  pro- 
test before  God,  I  never  heard  one  word  of  it. 
If  that  be  proved,  let  me  be  guilty  of  ten  thou- 
sand Treasons.  It  is  a  strange  thing  you  will 
impute  that  to  me,  when  I  never  heard  so 
much  as  the  name  of  Arabella  Stuart,  but  only 
the  name  of  Arabella.— After  being  examined, 
I  told  my  lords,  that  I  thought  my  lord  Cob- 
ham  had  conference  with  Aremberg;  I  sus- 
pected his  visiting  of  him  :  for  after  he  depart- 
ed from  me  at  Durham-liouse,  I  saw  him  pass 
by  his  own  stairs,  and  passed  over  to  St.  Mary 
Saviours,  where  I  knew  Lawrency,  a  merchant, 
and  a  follower  of  Aremberg,  lay,  and  therefore 
likely  to  go  unto  him.  My  lord  Cecil  asked 
my  opinion  concerning  Lawrency ;  I  said,  that 
if  you  do  not  apprehend  Lawrency,  it  is  dan- 
gerous, he  will  6y ;  if  you  do  apprehend  him, 
Jou  shall  give  my  lord  Cobham  notice  thereof, 
was  asked  who  was  the  greatest  man  with 
my  lord  Cobham  ;  I  answered,  I  knew  no  man 
so  great  with  him  as  young  Wyat  of  Kent. — 
As  soon  as  Cobham  saw  my  Letter  to  have  dis- 
covered his  dealing  with  Aremberg,  in  his  fury 
he  accused  me;  but  before  he  came  to  the 
stair-foot,  he  repented,  and  said  he  had  done 
me  wrong.  When  he  came  to  the  end  of  his 
Accusation,  he  added,  that  if  he  had  brought 
this  mon*»y  to  Jersey,  he  feared  that  I  would 
have  delivered  him  and  tlie  money  to  the  king. 
Mr.  Attorney,  you  said  this  never  came  out  of 
Cobham's  quiver ;  he  is  a  simple  man.  Is  he 
so  simple?  No;  he  hath  a  disposition  of  his 
own,  he  will  not  easily  be  guided  by  others ; 
but  when  he  has  once  taken  head  in  a  matter, 
he  is  not  easily  drawn  from  it :  he  is  no  babe. 
But  it  is  strange  for  me  to  devise  with  Cobham, 
that  he  should  go  to  Spain,  to  persuade  the 
king  to  disburse  so  much  money,  he  being  a 
man  of  no  love  in  England,  and  I  having  re- 
signed my  room  of  chiefest  command,  the 
Wardenship  of  the  Stannaries.  Is  it  not 
strange  for  me  to  make  myself  Robin  flood,  or 
a  Rett,  or  a  Cade  ?  I  knowing  England  to  be 
in  better  estate  to  defend  itself  than  ever  it  was. 
I  knew  Scotland  united ;  Ireland  quieted,  where- 
in of  late  our  forces  were  dispersed ;  Denmark  us- 
surcd,  which  before  was  suspected.  I  knew,  that 
having  lost  a  lady  whom  time  had  surprized* 
wc  had  now  an  active  kins,  a  lawful  Successor, 
who  would  himself  be  present  in  all  his  affairs. 
The  State  of  Spain  was  not  unknown  to  me : 
1  had  written  a  Discourse,  which  I  had  intend- 
ed to  present  unto  the  king,  agaiust  peace  with 
Spain.  I  knew  the  .Spaniards  had  six  repulses ; 
three  in  Ireland,  and  three  at  sea,  and  once  in 
1588,  at  Cales,  by  my  Lord  Admiral.  I  knew 
lie  was  discouraged  and  dishonoured.  I  knew 
the  king  of  Spain  to  bt  the  proudest  prince  in 


Cobham  s  second  Examination  read. 

The  lord  Cobham  being  required  to  subscribe 
to  an  Examination,  there  was  shewed  a  Note 
under  sir  Walter  Raleigh's  hand ;  the  which 
when  he  had  perused,  he  paused,  and  after 
brake  forth  into  those  Speeches  :  Oh  Villain  J 
Oh  traitor !  1  will  now  tell  you  all  the  truth  ; 
and  then  said,  His  purpose  was  to  go  into 
Flanders,  and  into  Spain,  for  the  obtaining  the 
aforesaid  Money;  and  that  Raleigh  had  ap- 
pointed to  meet  him  in  Jersey  as  he  returned 
home,  to  be  advised  of  him  about  the  distribu- 
tion of  the  Money. 

L.  C.  J.  Pophum.  When  Cobham  answer- 
ed to  the  Interrogatories,  he  made  scruple  to 
subscribe;  and  being  urged  to  it,  he  said,  if  he 
might  hear  me  affirm,  that  a  person  of  his  de- 
gree ought  to  set  his  hand,  he  would:  I  lying 
then  at  Richmond  for  fear  of  the  Plague,  was 
sent  for,  and  I  told  he  ought  to  subscribe ; 
otherwise  it  were  a  Contempt  of  a  hi^h  nature: 
then  he  subscribed.  The  lords  questioned  with 
him  further,  and  he  shewed  them  a  Letter,  as  I 
thought  written  to  me,  but  it  was  indeed  written 
to  my  lord  Cecil :  he  desired  to  t>ce  the  Letter 
again,  and  then  said, '  Oh  wretch  !  Oh  traitor  !' 
whereby  I  perceived  you  had  not  performed 
that  trust  he  had  reposed  in  you. 

Raltigh.  He  is  as  passionate  a  man  as 
lives;  for  he  hath  not  spared  the  best  friends 


»] 


STATE  TRIALS,  1  Jamb*  I.  160$.— for  High  Treason. 


[I* 


he  hath  in  England  in  his  passion.  My  lords, 
I  take  it,  he  that  has  been  examined,  has  ever 
been  asked  at  the  time  of  his  Examination,  if 
it  be  according  to  his  meaning,  and  then  to  sub- 
scribe. Methinks,  my  lords,  when  he  accuses 
a  man,  he  should  give  some  account  and  rea- 
son of  it :  It  is  not  sufficient  to  say,  we  talked 
of  it.  If  I  had  been  the  Plotter,  would  not  I 
hare  given  Cobham  some  arguments,  wliereby 
to  persuade  the  king  of  Spain,  and  answer  his 
objections  ?  I  knew  Westmoreland  and  Both- 
well,  men  of  other  understandings  than  Cob- 
ham,  were  ready  to  beg  their  bread. 

&r  Tho.  Fowler,  one  of  the  Jury.    Did  sir 
Walter  Raleigh  write  a  Letter  to  my  lord  be- 
fore he  was  examined  concerning  him,  or  not? 
Att.     Yes. 

Lord  Cecil.    I  am  in  great  dispute  with  my- 
self to  speak  in  the  Case  of  this  gentleman  :  A 
former  clearness  between  me  and  him,  tyed  so 
firm  a  knot  of  my  conceit  of  his  virtues,  now 
broken  by  a  discovery  of  his  imperfections.     I 
protest,  did  I  serve  n  king  that  I  Knew  would  be 
displeased  with  me  for  speaking,  in  this  case  I 
would  speak,  whatever  came  of  it ;  but  seeing 
he  is  compacted  of  piety  and  justice,  and  one 
that  will  not  mislike  of  any  man  for  speaking  a 
truth,  I  will  answer  your  question. — Sir  Walter 
Raleigh  was  staid  by  me  at  Windsor,  upon  the 
first  news  of  Copley,  that  the  king's  Person 
tboold  be  surprized  by  my  lord  Grey,  and  Mr. 
George  Brook ;  when  I  found  Brook  was  in,  I 
suspected  Cobham,  then  I  doubted  Raleigh  to 
be  a  partaker.     I  speak  not  this,  that  it  should 
be  thought  I  bad  greater  judgment  than  the  rest 
of  my  lords,  in  making  this  haste  to  have  them 
examined.     Raleigh  following  to  Windsor,  I 
esetwith  him  upon  the  Terrace,  and  willed  him, 
u  from  the  kirn/,  to  stay;  saying,  the  lords  had 
something  to  say  to  him:  then  he  was  ex- 
sained,  but  not  concerning  my  lord  Cobham, 
tat  of  the  surprizing  Treason.     My  lord  Grey 
•as  appiehended,  and   likewise  Brook ;    by 
Brook  we  found,  that  he  had  given  notice  to 
Cobham  of  the  surprizing  Treason,  as  he  deli- 
vered it  to  us;  but  with  as  much  sparin^hess 
tf  a  brother,  as  he  might.     We  sent  for  my 
lord  Cobham  to  Richmond,  where  he  stood  upon 
o»  jastification,   and  bis  quality ;  sometimes 
being  froward,  he  said  he  was  not  bound   to 
Mtacribe,  wherewith  we  made  the  king  uo» 
ouainted.    Cobham  said,  if  my  L.  C.  Justice 
would  say  it  were  a  Contempt,  he  would  sub- 
scribe; whereof  being  resolved,  he  subscribed. 
There  was  a  light  given  to  Aremberg,  that  Luw- 
rency  was  examined  ;  but  that  Raleigh  kuew 
that  Cobham  was  examined,  is  more  Urtn  I 
know. 

lluUiph.  If  my  lord  Cobham  had  trusted 
me  in  the  Main,  was  not  I  as  fit  a  man  to  be 
trusted  in  thf  live  ? 

J/trd  Cecil.  Raleigh  did  by  his  Letters  ac- 
quaint us  that  my  lord  Cobham  hud  sent  Law- 
rency to  Aremberg,  when  he  knew  not  he  had 
any  dealings  with  him. 

Lard  Hen.  Homard.  It  made  for  vou,  if 
Lawrency  had  be*n  only  acquainted  witl)  Cob- 


ham, and  not  with  you.  But  you  knew  his 
whole  estate,  and  were  acquainted  with  Cob* 
ham's  practice  with  Lawrency:  and  it  was 
known  to  you  before,  that  Lawrency  depended 
on  Aremberg. 

Attorney.  1.  Raleigh  protested  against  the 
surprising  Treason.  2.  That  he  knew  not  of 
the  matter  touching  Arabella.  I  would  not 
charge  you,  sir  Walter,  with  a  matter  of  false- 
hood :  you  say  you  suspected  the  Intelligence 
that  Cobham  had  with  Aremberg  by  Lawrency. 
liaUigh.  I  thought  it  had  been  no  other 
Intelligence,  but  such  as  might  be  warranted. 

Attorney.  Then  it  was  but  lawful  suspicion. 
But  to  that  whereas  you  said,  that  Cobham  had 
accused  you  in  passion,  I  answer  three  ways : 
1.  I  observed  when  Cobham  said,  Let  me  see 
the  Letter  again,  lie  paused ;  and  when  he  did 
see  that  count  Aremberg  was  touched,  he 
cried  out,  Oh  Traitor  !  On  Villain !  now  will 
I  confess  the  whole  truth.  2.  The  accusation 
of  a  man  on  hearsay,  is  notliing ;  would  he  ac- 
cuse liimself  on  passion,  and  ruinate  his  case 
and  posterity,  out  of  malice  to  accuse  you  ? 
3.  Could  this  be  out  of  passion?  Mark  the 
manner  of  it;  Cobbam  had  told  this  at  least 
two  months  before  to  his  brother  Brook,  '  You 
'  are  fools,  you  are  on  the  bye,  Raleigh  and  I 
'  are  on  the  main  ;  we  mean  to  take  away  the 
'  king  and  his  cubs  :'  this  he  delivered  two 
months  before.  So  mark  the  manner  and  the 
matter ;  he  would  not  turn  the  weapon  against 
his  own  bosom,  and  accuse  himself'  to  accuse 
you, 

Raleigh.    Hath  Cobham  confessed  that  ? 
L.  C.  J.     This  is  spoken  by  Mr.  Attorney 
to  prove  that  Cobham  s  Speech  came  not  out  of 
passion. 

Kaleigh.    Let  it  be  proved  that  Cobham 
said  so. 

Attorney.  Cobham  saith,  he  was  a  long 
time  doubtful  of  Raleigh,  that  he  would  send 
him  and  the  money  to  the  king.  Did  Cobham 
fear  lest  you  would  betray  him  in  Jersey  ?  Then 
of  necessity  there  must  be  Trust  between  you. 
No  man  can  betray  a  man,  but  he  that  is 
trusted,  in  my  understanding.  This  is  the 
greatest  argument  to  prove  that  he  was  ac- 
quainted with  Cobham f s  Proceedings.  Raleigh 
has  a  deeper  reach,  than  to  make  himself,  at 
he  said,  '  Robin  Hood,  a  Kett,  or  Cade ;'  yet 
I  never  heard  that  Robin  Hood  was  a  Traitor; 
they  say  he  was  an  outlaw.  And  whereas  ha 
saith  that  our  king  is  not  only  more  wealthy 
and  potent  than  his  predecessors,  but  also  more 
politic  and  wise,  so  thut  he  could  have  no  hope 
to  prevail;  I  answer,  There  is  no  king  so 
potent,  wise  and  active,  but  he  may  be  over- 
taken through  Treason.  Whereas  you  say 
Spain  is  so  poor,  discoursing  so  largely  thereof; 
it  had  been  better  for  you  to  have  kept  in  Gui- 
ana, than  to  have  been  so  well  acquainted  with 
the  state  of  Spain.  Besides,  if  you  could  have 
brought  Spain  and  Scotland  to  have  joined, 
you  rui«:bt  have  hoped  to  prevail  a  great  deal 
the  better.  For  his  six  Overthrows,  I  answer, 
he  hath  the  more  malice,  because  repulse*  ' ' 


15]  STATE  TRIALS,  1  Jambs  I.  1603.— Trial  qf  Sir  Walter  Raleigh,  [10 


desire  of  revenge.  Then  you  say  you  never 
talked  with  Cobham,  but  about  teases,  and 
letting  lands,  and  ordering  hii  house ;  I  never 
knew  you  Clerk  of  the  Kitchen,  &c.  If  you 
had  fallen  on  your  knees  at  first,  and  confessed 
the  Treason,  it  had  been  better  for  you.  You 
say,  He  meant  to  have  given  me  a  Cabinet  of 
30/. ;  perhaps  he  thought  by  those  means  to 
have  anticipated  me  therewith.  But  you  say 
all  these  are  Circumstances  •  I  answer,  all  this 
Accusation  in  Circumstance  is  true.  Here 
now  I  might  appeal  to  my  lords,  that  you  take 
hold  of  tfiis,  that  he  subscribed  not  to  the  Ac- 
cusation. 

Lord  Hen.  Howard.  Cobham  was  not  then 
pressed  to  subscribe. 

Attorney.  His  Accusation  being  testified  by 
the  lords,  is  of  as  great  force,  as  if  ne  had  sub- 
scribed. Raleigh  saith  again,  If  the  Accuser 
be  alive  he  must  be  brought  face  to  face  to 
speak ;  and  alledges  25  Edw.  3rd  that  there 
must  be  two  sufficient  Witnesses,  that  must  be 
brought  face  to  face  before  the  accused  ;  and 
alledgeth  10  and  13  Elizabeth. 

Raleigh.  You  try  me  by  the  Spanish  Inqui- 
•itition,  if  you  proceed  only  by  the  Circum- 
stances, without  two  Witnesses. 

Attorney.    This  is  a  treasonable  speech. 

Raleigh.  Evertere  Hominemjuttum  in  cauta 
sua  injustum  est.    Good  my  lords,  let  it   be 

Jirovcu,  either  by  the  laws  of  the  land,  or  the 
aws  of  God,  that  there  ought  not  to  be  two 
Witnesses  appointed;  yet  I  will  not  stand  to 
defend  this  point  in  law,  if  the  king  will  have  it 
.  so :  it  is  no  rare  thing  for  a  man  to  be  falsely 
accused.  A  Judge  condemned  a  woman  in 
Sarum  for  killing  her  husband  on  the  testimony 
of  one  Witness  ;  afterwards  his  man  confessed 
the  Murder,  when  she  was  executed ;  who 
after  being  touched  in  conscience  for  the  Judg- 
ment, was  used  to  say,  Quod  nunquam  de  hoc 
J'acto  anvnam  in  vita  sua  purgaret.  It  is  also 
commanded  by  the  Scripture;  Allocuhis  est 
Jehova  Moten,  in  Ore  duorum  aut  trimn  Tcs- 
tium,  Sfc.  If  Christ  requireth  it,  as  it  appeared), 
Mat.  xviii.  if  by  the  Canon,  Civil  Law,  and 
God's  Word,  it  be  required,  that  there  must  be 
two  Witnesses  at  the  least ;  bear  with  me  if  I 
desire  one.  I  would  not  desire  to  live,  if  I 
were  privy  to  Cojbham's  Proceedings.  I  have 
been  a  slave,  a  villain,  a  fool,  if  I  had  endea- 
voured to  set  up  Arabella,  and  refused  so  graci- 
ous a  lord  and  sovereign.  But  urge  your  proofs. 
L.  C.  Justice.  You  have  offered  Questions 
on  diverse  Statutes,  all  wluch  mention  two  ac- 
cusers in  case  of  Indictments:  you  have  de- 
ceived yourself,  for  the  laws  of  25  Edw.  3d, 
and  5  Edw.  6th  are  repealed.  It  sutficeth  now 
if  there  be  Proofs  made  either  under  hand,  or 
by  testimony  of  Witnesses,  or  by  oaths;  it 
needs  not  liie  Subscription  of  the  party,  so  there 
be  hands  of  credible  men  to  testify  the  Ex- 
amination. 

Raleigh.  It  may  be  an  error  in  me;  and  if 
those  laws  be  repealed,  yet  I  hope  tlie  equity 
of  them  remains  still,;  but  if  you  affirm  it,  it 
must  be  a  law  to  posterity.    The  proof  of  the 


Common  Law  is  by  witness  and  jury:  let  Cob- 
ham be  here,  let  him  speak  it.  Call  my  ac- 
cuser before  ray  face,  and  I  have  done. 

.  Attorney.  Scientia  sceleris  ett  mcra  igno- 
rant ia.  You  tiave  read  tlie  letter  of  the  law, 
but  understand  it  not.  Here  was  your  anchor- 
hold,  and  your  rendezvous :  you  trust  to  Cobham, 
either  Cobham  must  accuse  you,  or*  nobody ;  if 
he  did,  then  it  would  not  hurt  you,  because  he 
is  but  one  Witness ;  if  he  did  not,  .then  you  are 
safe. 

Raleigh.  If  ever  I  read  a  word  of  the  law 
or  statutes  before  I  was  Prisoner  in  the  Tower! 
God  confound  me. 

Attorney.  Now  I  come  to  prove  the  Cir- 
cumstances of  the  Accusation  to  be  true. 
Cobham  confessed  he  had  a  Pass-port  to  travel, 
hereby  intending  to  present  overtures  to  the 
Arch-Duke,  aud  from  thence  to  go  to  Spain, 
and  there  to  have  conference  with  the  king  for 
Money.  You  say  he  promised  to  come  home 
by  Jersey,  to  make  merry  with  you  and  your 
wife. 

Raleigh.  I  said  in  his  return  from  France, 
not  Spain. 

Attorney.  Further  in  his  Examination  he 
saith,  nothing  could  be  set  down  for  the  Dis- 
tribution of  the  Money  to  the  discontented, 
without  conference  with  Raleigh.  You  said  it 
should  have  been  for  procurement  of  Peace, 
but  it  was  for  raising  Rebellion.  Further,  Col>- 
ham  saith,  he  would  never  have  entered  into 
these  courses,  but  by  your  instigation,  and  that 
you  would  never  let  him  alone.  Your  scholar 
was  not  apt  enough  to  tell  us  all  the  Plots ; 
that  is  enough  for  you  to  do,  that  are  his  mas- 
ter. You  intended  to  trust  sir  Arthur  Savage, 
whom  I  take  to  be  an  honest  and  true  gentle- 
man, but  not  sir  Arthur  Gorge. 

Raleigh.  All  this  is  but  one  Accusation  of 
Cobham  s,  I  hear  no  other  thing ;  to  which  Ac- 
cusation he  never  subscribed  nor  avouched  it. 
I  beseech  you,  my  lords,  let  Cobham  be  sent 
for,  charge  him  on  his  soul,  on  l^s  allegiance  to 
the  king  ;  if  he  affirm  it,  I  am  guilty. 

Lord  Cecil.  It  is  the  Accusation  of  my  lord 
Cobham,  it  is  the  Evidence  against  you  :  must 
it  not  be  of  force  without  his  subscription  ?  I 
desire  to  be  resolved  by  the  Judges,  whether  by 
the  law  it  is  not  a  forcible  argument  of  evi- 
dence. 

Judges.    My  lord,  it  is. 

Raleigh.  The  king  at  his  coronation  is 
sworn  In  omnibus  Judiciis  snis  <rouitatemf  non 
rigorem  Legis,  observare.  By  the  rigour  and 
ciueltv  of  the  law  it  mav  be  a  forciMe  evidence, 

L.  C.  J.  That  is  not  the  rigour  of  the  law, 
but  the  justice  of  tlie  law  ;  else  when  a  man 
hath  made  a  plain  Accusation,  by  practice  he 
iui»ht  l>e  brought  to  retract  it  again. 

Raleigh.     Oh  my  lord,  you  may  use  equity. 

L.  C.  J.  That  is  from  the  king;  you  are  to 
have  justice  from  us. 

Lord  Anderson.  The  law  is,  if  the  matter  be 
proved  to  the  jury,  they  must  find  you  guilty ; 
for  Cobham's  Accusation  is  not  only  againftt 
you,  there  are  other  things  sufficient. 


17) 


STATE  TRIALS,  I  James  I.  1603.— for  High  Treasou. 


[IS 


Lord  Cecil.  Now  that  sir  Walter  Raleigh  is 
satisfied,  that  Cobham's  Subscription  is  nut  ne- 
cessary, I  pray  you,  Mr.  Attorney,  go  on. 

Raleigh.  Good  Mr.%  Attorney,  be  patient, 
and  give  me  .eavc. 

Lord  Cec il.     An  unnecessary  patience  is  a.„ 
hindrance ;  let  him  go  on  with'  iiis  proof-,  and 
then  refel  them. 

Raleigh.     I  would  answer  particularly. 

Lord  Cecil.  If  you  would  have  a  tabic  and 
pen  and  ink,  you  shall. 

Then  paper  and  ink  was  given  him.  Here 
the  Clerk  of  the  Cruwn  rend  the  Letter,  which 
the  lord  Cobham  did  write  in  July,  which  was 
to  the  effect  of  his  fonner  Examination  ;  fur- 
ther saying,  I  hate  disclosed  all  :  to  accuse  any 
one  falsely,  were  to  burden  my  own  couscier.ee. 

Attorney.  Head  Copley's  Confession  the 
8th  of  June  ;  lie  saith,  lie  was  offered  1000 
crowns  to  be  in  this  action. 

Here  Watson's  Additions  were  read.  '  The 
great  mass  of  Money  from  the  count  was  im- 
possible,' &c. 

Brook's  Confession  read.  *  There  have  Let- 
ters passed,  saith  he,  between  Cobham  and 
Aremberg,  for  a  great  sum  of  Money  to  assist  a 
second  action,  for  the  surprizing  of  his  majesty.' 

Attorney.  It  is  not  possible  it  was  of  pas- 
sion :  for  it  was  in  talk  before  three  men, 
being  severally  examined,  who  agreed  in  the 
sum  to  be  bestowed  on  discontented  persons  ; 
That  Grey  should  have  12,000  crowns,  and 
Raleigh  should  have  8000,  or  10,000  crowns. 

Cobham* s  Examination,  July  18. 
If  the  money  might  be  procured  (saith  he) 
then  a  man  may  give  pensions.     Being  asked, 
if  a  pension  should  not  be  given  to  his  brother 
Brook,  he  denied  it  not. 

Lawreney'i  Examination. 

Within  five  days  after  Aremberg  arrived, 
Cobham  resorted  unto  him.  That  nirfit  that 
Cobham  went  to  Aremberg  with  Luwrency,  Ra- 
leigh supped  with  him. 

Attorney.  Raleigh  must  have  his  part  of  t  he 
Money,*  therefore  now  he  is  a  traitor.  The 
crown  shall  never  stand  one  year  on  the  head 
of  the  king  (my  master)  if  a  Traitor  may  not  be 
condemned  by  Circumstances :  for  if  A.  tells 
B.  and  B.  tells  C.  and  C.  D.  &c.  you  shall  ne- 
ver prove  Treason  by  two  Witnesses. 

Raleigh's  Examination  was  read. 

He  confesseth  Cobham  offered  him  8000 
crowns,  which  he  was  to  have  for  the  further- 
ance of  the  Peace  between  England  and  Spain, 
and  that  he  should  have  it  within  three  (lavs. 
To  which  he  said,  he  gave  this  answer  ;  When 
1  see  the  Money,  I  will  tell  you  more  :  for  I 
had  thought  it  had  been  one  of  his  ordinary 
idle  conceits,  and  therefore  made  no  Account 
thereof. 

Raleigh.  The  Attorney  hath  made  a  long 
narration  of  Copley,  and  the  Priests,  which 
concerns  me  nothing,  neither  know  I  how 
Cobham  was  altered.  For  he  told  me  if  T 
would  agree  to  further  the  Peace,  he  would  get 
me  8000  crowns.    I  asked  him,  W  ho  shall  ha  ve 

YOU  II. 


the  rest  of  the  money  ?  He  said  I  will  offer 
such  a  nobleman  (who  was  not  named)  some 
of  the  Money,  f  said,  he  will  not  be  persuaded 
by  yon,  and  he  will  extremely  hate  you  for  such 
a  motion.  Let  me  be  pinched  to  death  with 
hot  iron?,  if  ever  I  knew  there  was  anv  intcu- 
tion  to  bestow  the  money  on  discontented  per- 
sons. I  hud  made  a  disco  m>e  uguinst  the 
Peace,  and  would  have  prin'cd  it  ;  if  Cobham 
changed  his  mind,  ii'  the  I'rtctis,  if  llruok  had 
any  such  intent,  what  is  that  to  me?  They 
must  answer  lor  it.  lie  offered  me  the  Money 
before  Aremberg  came,  that  is  difference  of 
time. 

Scrj.  Philips.  Raleigh  confesseth  the  matter, 
buravoideth  it  by  distinguishing  of  times.  You 
said  it  was  offered  you  befoic  the  coining  of 
Aremberg,  which  is  false.  For  yen  being  exa- 
mined whether  you  should  have  such  Money  of 
Cobham,  or  not ;  you  said,  Yea,  and  that  you 
should  have  it  within  two  or  three  da)S.  Nctn 
moriturus punumitur  mentiri. 

Ld.  Hut.  Howard.  Alledge  me  any  ground 
or  cause,  wherefore  you  gave  ear  to  my  lord 
Cobham  for  receiving  Pennons,  in  matters  you 
had  not  to  deal  with. 

Raleigh.  Could  I  stop  my  Lord  CobhanVs 
mouth  ? 

Ld.  Cecil.  Sir  Walter  Raleigh  presseth,  that 
my  lord  Cobham  should  be  brought  face  to 
face.  If  he  asks  things  of  favour  and  grace, 
they  must  come  only  from  him  that  can  give 
them.  If  we  sit  here  as  commissioners,  how 
shall  we  be  satisfied  whether  he  ought  "to  be 
brought,  unless  we  hear  the  Judges  speak? 

L.  C.  J.  This  thing  cannot  be  granted,  for 
then  a  -uunihcr  of  Treasons  should  flourish  : 
the  Accuser  may  be  drawn  by  practise,  whilst 
he  is  in  person. 

Justice  Gundy.  The  Statute  you  speak  of 
concerning  two  Witnesses  in  ruse  of  Treason,  is 
found  to  he  inconvenient,  therefore  bv  another 
law  it.  was  taken  away. 

Rultiuh.  The  common  Trial  of  England  is 
by  Jury  and  Witnesses. 

L.  C.  J.  No,  by  Examination  :  if  three 
conspire  a  Treason,  and  they  all  confess  it; 
here  is  never  a  Witness",  yet  they  are  con- 
demned. 

Justice  Warburton.  I  man  el,  sir  Walter,  that 
you  being  of  such  experience  and  wit,  should 
stand  on  this  point  ;  tor  so  many  horse- stealers 
may  escape,  if  they  may  not  be  condemned 
without  witnesses.  If  one  should  ru*h  into  tVtf 
king's  Privy-Cl#mbcr,  whilst  he  is  alone,  and 
kill  the  king  (which  (.Jod  forbid)  and  tln>  man 
be  met  coming  with  hi.*  sword  dra\Mi  all  hhiody  ; 
shall  not  he  be  condemned  to  dc.tth  ?  My  lord 
Cobham  hath,  perhaps,  hem  laboured  withal; 
and  to  save  vou,  bis  old  friend,  il  mav  be  that 
he  will  deny  all  that  which  »w  hath  -aid. 

Raleigh.  1  know  not  how  you  onceive 
the  Law. 

L.  C.  J-  Nay,  we  do  not  com  -he  the  Liw, 
but  we  know  \\w  Law. 

Ralfinh.  Tee  wisdom  of  the  Law  of  God  is 
absolute  and  perfect  Uurjac  O  vivo?,  «,S  c.     But 

c 


15] 


STATE  TRIA 15,  1  Jame»  I.  1003.— Trial  qf  Sir  Walter  Raleigh, 


[M 


dow  by  the  Wisdom  of  the  Stuff ,  the  Wisdom  of    be  charged  with  them  ?    I  will  not  hear  i 


Indeed,  where  the  Ac- 


it  to  be  hud  conveniently,  I  agree  with 
v»ii;  but  here  my  Accuser  may;  he  is.  alive,  and 
in  the  house.  Susnnna  had  been  condemned,  if 
Dnniel  had  not  cried  out,  *  Will  you  condemn 
an  innocent  Israelite,  without  ex  ami  nation  or 
knowledge  of  the  truilif*  Remember,  it  is  ab- 
solutely the  Commandment  of  God  :  If  a  fulsc 
witness  rise  up,  you  shall  cause  him  to  be  brought 
before  the  Judges;  if  he  be  found  false,  he  shall 
have  the  punishment  which  the  accused  should 
hate  had.  It  is  very  sure, for  my  lord  to  accuse 
me  is  my  certain  danger,  and  it  may  be  a  means 
to  excuse  himself. 

L.  C.  J.  There  must  not  such  a  gap  be 
opened  for  the  destruction  of  the  king,  ns  would 
he  if  we  should  grant  this.  You  plead  hard 
for  yourself,  but  the  laws  plead  as  hard  for  the 
king.  I  did  never  hear  that  course  to  be  taken 
in  a  case  of  Treason,  ns  to  write  one  to  aniithcr, 
or  apeak  one  to  another,  during  the  time  of 
their  imprisonment.  There  hath  been  intelli- 
gence between  jouj  and  what  under-hand 
practices  there  may  he,  I  know  not.  If  the 
circumstances  agree  nut  with  the  Evidence,  we 
fill  not  condemn  you. 

Raleigh.  The  king  dciires  nothing  but  the 
knowledge  of  the  truth,  and  would  have  no  ad- 
vantage tjken  by  severity  of  the  law.  If  ever 
we  bud  a  gracious  king,  now  we  have;  I  hope, 
ns  he  is,  such  are  his  ministers.  If  there  be 
but  u  trial  of  live  marks  at  Common  Law,  a 
witness  must  be  deposed.  Good  tny  lords,  let 
my  Accuser  come  face  to  face,  and  be  deposed. 

L.  C.  J.  You  have  no  law  for  it :  God  for- 
bid any  man  should  accuse  himself  upon   his 

Attorney.  The  law  presumes,  a  man  will 
not  accuse  himself  to  accuse  another.  You  are 
no  odious  man:  for  Cohham  thinks  his  cause 
theworse  that  you  arc  in  it.  Now  you  shall 
hear  of  some  stirs  to  he  raised  in  Scotland. 
Pari  of  Copley'*  Exaniination. 

"  Also  Watson  told  me,  that  a  special  per- 
son told  him,  that  Aremberg  offered  to  him 
1000  crowns  to  be  in  that  action;  and  that 
Brook  said,  the  Stirs  in  Scotland  rone  out  of 
Raleigh's  head." 

Raleigh,     Brook  liath   been  taugbl  his  Lcs- 

I.ti.  Urn.  Hoamrd.  This  Examination  was 
taken  before.     Did  I  teach  him  his  lesson  ? 

Raleigh.     I  protest  before  Qi-td,  I  meant    it 
not  by  any  privy-counsellor;  hut  because  mo- 
ney is  scant,  he  will  juggle  on  both  sides.* 
Raleigh'i  Eranii.iatiim. 

"  The  way  to  invade  England,  were  to  be- 
gin with  Stirs  in  Seotland." 

Raleigh.  I  think  so  still :  I  have  spoken  it  to 
divers  of  the  Lords  of  the  Council,  by  way  of 
discourse  and  opinion. 

Attorney.     Now  let  ns  come  to  those  words 


*  (/  drtl  roving  the  king  and 

RaUish.    O  barbarous  •        _._,.._ .._ 

ton!  villains,  should  use  those  words,  shall  I 


J  barbarous !  If  they,  like  It 


was  never  any  Plotter  with  them   against  my 

ury,  I  was  never  false  to  the  crown  of 

land.     I  have  spent  4000  pounds  of  my 

against  the  Spanish  Faction,  fur  the  good 

of  my  country.     Do  you  bring  the  words  of 

these  hellish  spiders,  Clark,  Watson,  and  others. 


ler 


Attorney.  Thou  hast  a  Spanish  heart,  and 
thyself  art  a  Spider  ofllell;  tor  tliuu  confesses! 
the  king  to  he  a  most  sweet  and  gracious  prince, 
and  yet  hast  conspired  against  bun. 
Wat  ion' i  Examination  read. 
He  said,  that  George  Biook  told  him  twice. 
That  his  brother,  the  lord  Cobliam,  said  to  liiin, 
that  you  are  but  on  the  bye,  but  Raleigh  and  I 
are  on  the  main." 

Brook' »  Examination  read. 

"  Being  asked  what  was  meant  by  this  Jar- 
gon, the  Bye  and  the  Main  ?  he  said,  That  the 
lord  Cohham  told  him,  that  Grey  and  others 
were  in  the  Bye,  he  and  Raleigh  were  on  the 
Main.  Being  asked,  what  exposition  his  bro- 
ther made  of  these  words?  He  said,  he  is  loath 
to  repnnt  it.  And  after  saith,  by  the  main 
was  meant  the  taking  away  of  the  king  and 
his  issue  ;  and  thinks  on  bis  conscience,  it  was 
infused  into  his  brother's  head  by  Raleigh." 
Cobham'i  Examination  read. 

"  Being  asked,  if  ever  he  had  said,  *  It  will 
never  he  well  in  England,  till  the  king  and  his 
enhs  were  taken  away;' he  said,  he  had  answer- 
ed before,  and  that  he  would  answer  no  more 
to  that  point." 

Raleigh.  I  am  not  named  in  all  tin's :  there 
is  a  law  of  two  sorts  of  Accusers  ;  one  of  his 
own  knowledge,  another  by  hear-say. 

¥..  of  Suffolk.    .See  the  Case  of  Arnold. 

L.  V.  J.  It  is  the  Case  of  sir  Will.  Thomas, 
and  sir  Nicholas  Arnold. 

Raleigh.     If  this  may  be,  you  will  have  any 


'slile 


week. 


Attorney.  Raleigh  saith,  that  Cobham  was 
in  a  passion  when  he  said  so.  Would  he  tell 
his  brother  any  thing  of  malice  against  Raleigh, 
whom  he  loved  as  his  life? 

Ralchh.  Brook  never  loved  me;  until  hi* 
brother  had  accused  me,  he  said  nothing. 

Id.  Cecil.  We  have  heard  nothing  that 
might  lead  us  to  think  that  Brook  accused  you, 
he  was  only  in  the  surprizing  Treason :  for  by 
accusing  vuu  he  should  accuse  his  brother. 

r.nleigh.     He  doth  not  much  care  for  that. 

IjI.  Cecil.  I  must  judge  tlie  best.  The  ac- 
cusation of  his  brother  was  notVoluntary;  he 
pared  every  thing  as  much  as  he  could  to  save 
his  brother. 

Cobham'i  Examination  read. 

"  He  saith  he  had  a  Book  written  against 
the  Title  of  the  King,  which  be  had  of  Raleigh, 
and  tltit  he  gave  it  to  his  brother  Brook :  and 
Raleigh  said  it  was  foolishly  written." 

Attorney.  After  tlie  king  caine  within  11 
miles  of  London.  Cobham  never  cunt  to  Me 
him;  and  intended  to  travel  without  seeing  the 


21] 


STATE  TRIALS,  I  JUnes  I.  1603.— Jbr  High  Treason. 


[52 


queen  and  the  prince.  Now  in  thin  discon- 
tentment you  gave  him  the  Book,  and  he  gave 
it  his  brother. 

Raleigh.  I  never  gave  it  him,  he  took  it  off 
my  table.  For  I  well  remember  a  little  before 
that  time  I  received  a  Challenge  from  sir  Amias 
Preston,  and  for  that  I  did  intenji  to  answer 
it,  I  resolved  to  leave  my  estate  settled,  there- 
fore laid  out  all  my  loose  Papers,  amongst  which 
was  this  Book. 

Ld.  Havard.     Where  had  you  this  Book  ? 

Raleigh.  In  the  old  Lord  Treasurer's  Study, 
after  his  death. 

Ld.  Cecil.  Did  you  ever  shew  or  make 
known  the  Book  to  me  ?       ' 

Raleigh.    No,  my  Lord. 

Ld.  Cecil.  Was  it  one  of  die  books  which 
was  left  to  me  or  my  brother? 

Raleigh.  I  took  it  out  of  the  study  in  my 
Lord  Treasurer's  house  in  the  Strand.' 

Ld.  Cecil.  After  my  father's  decease,  sir 
Walter  Raleigh  desired  to  search  for  some  Cos- 
Biographical  descriptions  of  the  Indies,  which 
he  thought  were  in  his  Study,  and  were  not  to 
be  had  in  print;  which  I  granted,  and  would 
have  trusted  sir  Walter  Raleigh  as  soon  as  any 
man :  though  since  for  some  infirmities,  the 
bands  of  my  aifection  to  liim  have  been  bro- 
ken; and  yet  reserving  my  duty  to  the  king  my 
master,  which  I  can  by  no  means  dispense  with, 
by  God,  I  love  him,  and  have  a  great  conflict 
witliin  myself:  but  I  must  needs  say,  sir  Waiter 
used  me  a  little  unkindly  to  take  the  Book 
away  without  my  knowledge :  nevertheless,  I 
need  make  no  apology  in  behalf  of  my  father, 
considering  liow  useful  and  necessary  it  is  for 
privy-counsellors  and  those  in  his  place  to  in- 
tercept and  keep  such  kind  of  writings ;  for 
whosoever  should  then  search  his  study  may  in 
all  likelihood  find  all  the  notorious  Libels  that 
•ere  writ  against  the  late  queen ;  and  whoso- 
ever should  rummage  my  Study,  or  at  least  my 
Cabinet,  may  find  several  against  the  king,  our 
Sorereign  Lord,  since  his  accession  to  the 
throne. 

Raleigh.  The  Book  was  in  Manuscript, 
and  the  late  Lord  Treasurer  had  wrote  in  the 
beginning  of  it  with  his  own  Hand,  these 
words,  (  This  is  the  Book  of  Robert  Snagg.' 
And  I  do  own,  as  my  lord  Cecil  has  said,  that 
1  believe  they  may  also  find  in  my  house  almost 
all  the  Libels  that  have  been  writ  against  the 
late  queen. 

Att.  You  were  no  privy-counsellor,  and  I 
hope  never  shall  be. 

Ld.  Cecil.  He  was  not  a  sworn  counsellor 
of  state,  but  he  has  been  called  to  consul- 
tations. 

Raleigh.  I  think  it  a  very  severe  interpre- 
tation of  the  law,  to  bring  me  within  compass  of 
Treason  for  this  Book,  writ  so  long  ago,  of 
allien  nobody  had  rend  any  more  than  the 
Head*  of  the  Chapters,  and  which  was  burnt  by 
O.  Brook  without  my  privity  ;  admitting  I  had 
delivered  the  same  to  the  lord  Cobham,  with- 
out allowing  or  approving,  but  discommending 
it,  according  to   Cobhajn  s  first  Accusation : 


and  put  the.  case,  I  should  come  to  my  lord 
Cecil,  as  I  have  often  done,  and  find  a  stran- 
ger with  bim,  with  a  packet  or  Libels,  and  my 
lord  should  let  me  have  one  or  two  of  them  to 
peruse :  this  I  hope  is  no  Treason. 

Att.  I  observe  there  was  intelligence  be- 
tween you  and  Cobham  in  the  Tower;  for 
after  he  said  it  was  against  the  king's  Title,  ha 
denied  it  again. 

Sir  W.  Wade.  First,  my  lord  Cobham  con- 
fessed) it,  and  after  he  had  subscribed  it,  be 
revoked  it  again  :  to  me  he  always  said,  that 
tlie  drift  of  it  was  against  the  king's  Title. 

Raleigh.  _  I  protest  before  God,  and  all  his 
works,  I  gave  lum  not  the  Book. 
Note9  Sir  Robert  Wroth  speaketb,  or  whis* 
pereth  something  secretly. 

Alt.  My  lords,  I  must  complain^  of  sir 
Robert  Wroth ;  he  says  this  Evidence  is  not 
material. 

Sir  R.  Wroth.  I  never  spake  the  words. 

Att.  Let  Mr.  Serjeant  Philips'  testify  whe- 
ther he  heard  him  say  the  words  or  no. 

Ld.  Cecil.  I  will  give  my  word  for  sir  R. 
Wroth. 

Sir  R.  Wroth.     I  will  speak  as  truly  as  you, 
.  Mr.  Attorney,  for  by  God,  I  never  spake  it. 

L.  C.  J.  Wherefore  should  this  Book  be 
burnt  ? 

Raleigh.     I  burned  it  not. 

Seij.  Philips.  You  presented  your  friend 
with  it  when  he  was  discontented.  If  it  had 
been  before  the  queen's  death,  it  had  been  a 
less  matter ;  but  you  gave  it  him  presently 
when  he  came  from  the  king,  which  was  the 
time  of  his  discontentment. 

Raleigh.  Here  is  a  Book  supposed  to  be 
treasonable  ;  I  never  read  it,  commended  it,  or 
delivered  it,  nor  urged  it. 

Attorney.     Why,  tins  is  cunning. 

Raleigh.  Every  thing  that  doth  make  for 
me  is  cunning,  and  every  thing  that  maketa 
against  me  is  probable. 

Att.  Lord  Cobham  saith,  that  Kemish 
came  to  him  with  a  letter  torn,  and  did  wUh 
him  not  to  be  dismayed,  for  one  witness  could 
not  hurt  him. 

Raleigh.  This  poor  man  hath  been  close 
prisoner  these  13  weeks ;  he  was  offered  the 
rack  to  make  him  confess.  I  never  sent  any 
such  message  by  him ;  I  only  writ  to  him,  to 
tell  lum  what  I  had  done  with  Mr.  Attorney  ; 
having  of  his  at  that  timo  a  great  pearl  and  a 
diamond. 

Ld.  II.  Howard.  No  circumstance  moveth 
me  more  than  this.  Kemish  was  never  on  the 
rack,  the  king  gave  charge  that  no  rigour 
should  he  used. 

Commissioners.  We  protest  before  God, 
there  was  no  such  matter  intended  to  our  know- 
ledge. 

Raleigh.  Was  not  the  Keeper  of  the  Rack 
sent  for,  and  he  threatened  with  it? 

Sir  W.  Wade.  When  Mr.  Solicitor -and  my- 
self examined  Kemish,  we  told  him  hedocned 
the  Rack,  hut  did  hot  threaten  him  with  it. 

Commissioners.    It  was  niote  than  we  knew. 


2S]  STATE  TRIALS,  1  James  I.  1603.— Trial  of  Sir  Walter  Raleigh, 


[24 


Cob/tarn* $  E rumination  read. 

lie  saith,  Kemish  brought  him  a  Letter  from 
Raleigh,  and  that  part  which  was  concerning 
the  Lords  of  the  Council  was  rent  out;  the 
Letter  contained  that  he  was  examined,  and 
cleared  himself  of  aH ;  and  that  the  lord  II. 
Howard  said,  because  he  was  discontent,  he 
was  fit  to  be  in  the  action.  And  further,  that 
Kemish  said  to  him  from  Raleigh,  that  he 
should  be  of  pood  comfort,  for  one  witness 
could  not  condemn  a  man  for  treason. 

Ld.  Cecil.  Cobham  was  asked,  whether, 
and  when  he  heard  from  you  ?  He  said,  every 
•day. 

Raleigh.  Kemish  added  more,  I  never  bade 
him  speak  those  words. 

Note,  Mr.  Attorney  here  offered  to  interrupt 
him. 

Ld.  Cecil.  It  is  his  last  Discourse  ;  give 
him  leave,  Mr.  Attorney. 

Raleigh.  I  am  accused  concerning  Arabella, 
•concerning  Money  out  of  Spain.  My  L.  C. 
Justice  saith,  a  man  may  be  condemned  with 
one  Witness,  yen,  without  any  Witness.  Cob- 
ham  is  gnilty  of  many  things,  Conseicniia  mille 
testes  ;  he  hath  accused  himself,  what  cm  he  , 
hope  for  but  mercy  ?  My  lords,  vouchsafe  me 
this  grace  :  let  him  be  brought,  being  alive, 
and  in 'the  house  ;  let  him  avouch  any  of  these 
tlungs,  I  will  confess  the  whole  Indictment, 
nod  renounce  the  king's  mercy. 

Ld.  Cecil.  Here  hath  been  a  touch  of  the 
ladv  Arabella  Stuart,  a  near  kinswoman  of  the 
king's.  Let  us  not  scandal  the  innocent  by 
confusion  of  speech:  she  is  as  innocent  of  all 
these  things  ns  I,  or  any  man  here ;  only  sbc 
received  a  Letter  from  my  lord  Cobham,  to 
prepare  her;  which  she  laughed  at,  and  imme- 
diately sent  it  to  the  ki'ig.  So  far  was  she  from 
discontentment,  that  she  laughed  him  to  scorn. 
But  you  see  how  far  the  count  of  Aremberg  did 
consent. 

The  Lord  Admiral  (Nottingham)  being  by  in 
a  Standing,  with  the  lady  Arabella,  spake  to 
the  court  :  The  lady  doth  here  protest  upon  her 
salvation,  that  she  never  dealt  in  any  of  these 
things  ;  and  so  she  willed  me  to  tell  the  court. 

Ld.  Cecil.  The  lord  Cobham  wrote  to  my 
lady  Arabella,  to  know  if  he  might  come  to 
speak  with  her,  and  gave  her  to  understand, 
that  there  were  some  about  the  king  that  la- 
boured to  disgrace  her  ;  she  doubted  it  was  but 
a  trick.  But  Brook  saith,  his  brother  moved 
him  to  procure  Arabella  to  write  Letters  to  the 
king  of  Spain  ;  but  he  saith,  he  never  did  it. 

Raleigh.  The  lord  Cobham  hath  accused 
me,  you  see  in  what  manner  he  hath  forsworn 
it.  Were  it  not  for  his  Accusation,  all  thi> 
were  nothing.  Let  him  be  asked,  if  1  knew 
of  the  letter  which  Lawnriicy  brought  to  him 
from  Arcmherg.  Let  me  speak  for  my  life,  it 
can  be  no  hurt  for  him  to  be  brought  ;  lie 
dares  not  accuse  me.  If  you  grant  me  not  this 
favour,  I  am  strangely  used  ;  Campian*  was 
sot  denied  to  have  his  accusers  lace  to  face. 

■  T  —    f  — ■    ■  f  ^  ■  ■■■■!  —  I    —  ■ 

•  See  No.  5& 


L.  C.  J.  Since  he  must  needs  have  justice, 
the  acquitting  of  his  old  friend  may  move  him 
to  speak  otherwise  than  the  truth. 

Raleigh.  If  I  had  been  the  infuser  of  all 
these  Treasons  into  him  ;  vou  Gentlemen  ef 
the  Jury,  mark  this,  he  said  I  have  been  the 
cause  of  all  his  miseries,  and  the  destruction  of 
his  house,  and  that  all  evil  hath  happened  unto 
him  by  my  wicked  counsel :  if  this  be  true, 
whom  hath  he  cause  to  accuse  and  to  be  re- 
venged on,  but  on  me  ?  And  I  know  him  to  be 
as  revengeful  as  any  man  on  earth. 

Attorney.  He  is  a  party,  and  may  not  come ; 
the  law  is  against  it. 

Raleigh.  It  is  a  toy  to  tell  rae  of  law  ;  I 
defy  such  law,  I  stand  on  the  fact. 

Ld.  Cf.cil.  I  am  afraid  my  often  speaking 
(who  am  inferior  to  my  lords  here  present)  wirll 
make  tl*»  woild  think  i  delight  to  hear  myself 
talk.  My  affection  to  you,  bir  Walter,  was  not 
extinguished,  but  slaked,  in  regard  of  your  de- 
serts. You  know  the  law  of  the  realm  (to 
which  your  mind  doth  not  contest),  that  my 
lord  Cobham  cannot  be  brought. 

R-aieigh.     lie  may  be,  my  lord. 

Ld.  Cecil.     But  dare  you  challenge  it  ? 

Raliigh.     No. 

Ijord  Cecil.  You  say  that  my  lord  Cobham, 
your  main  accuser,  must  come  to  accuse  you. 
You  say  he  hath  retracted  :  I  say,  many  par- 
ticulars are  not  retracted.  What  the  validity 
of  all  this  is,  is  merely  left  to  the  Jury.  Let  me 
ask  you  this,  If  my  lord  Cobham  will  say  you 
were  the  only  instigator  of  him  to  proceed  in 
the  Treasons,  dare  you  put  yourself  on  this  ? 

Rakigh.  If  he  will  speak  it  before  God  and 
the  king,  that  ever  I  knew  of  Arabella's  matter, 
or  the  Money  out  of  Spain,  or  oi*  the  surprising 
Treason ;  1  put  myself  on  it,  God's  will  and 
the  king's  be  done  with  me. 

Lord  If.  Howard.  How !  if  he  speak  things 
equivalent  to  that  you  have  said  ? 

Ralcidi.     Yes,  m  the  main  point. 

Lord  Cecil.  If  he  say,  you  have  been  the 
instigator  of  him  to  deal  with  the  Spanish  king, 
had  not  the  council  cause*  to  draw  you  hither  ? 

Raleigh,     I  put  myself  on  it. 

Lord  Cecil.  Then,  sir  Walter,  call  upon  God, 
and  prepare  yourself ;  for  I  do  verily  believe 
my  lords  will  prove  this.  Excepting  your  faults 
(I  call  them  no  worse),  by  God,  1  am  your 
friend.  The  heat  and  passion  in  you,  and  the 
Attorney's  zeal  in  the  king's  service,  makes  me 
speak  this. 

Raltigh.  Whosoever  is  the  workman,  it  is 
reason  lie  should  give  an  account  of  his  work  to 
the  u  ork-masler.  But  let  it  be  proved  that  he 
acquainted  me  with  any  of  his  conferences  with 
A i  em  hcrg :  lie  would  surely  have  given  me  some 
account. 

Iwd  Cecil.  That  follows  not :  If  I  set  you 
on  woik,  and  you  give  me  no  account,  am  I 
therefore  innocent  ? 

Att.  For  the  lady  Arabella,  I  said  she  was 
never  acquainted  with  the  matter.  Now  that 
Raleigh  had  conference  in  nil  these  Treasons,  it 
it  manifest.     The  Jury  hath  beard  the  matter. 


*] 


STATE  TRIALS,  1  James  I.  16()3.-/or  High  Treason. 


[26 


There  is  one  Dyer  a  pilot,  that  being  in  Lisbon, 
met  with  a  Portugal  gentleman  who  asked  him 
if  the  king  of  England  was  crowned  yet :  To 
whom  he  answered,  '  I  think  not  yet,  but  he 
1  shall  be  shortly/  Nay,  saith  the  Portugal, 
that  shall  never  be,  for  his  throat  will  be  cut 
by  Dun  Raleigh  and  DonCobham  before  he  be 
crowned. 

Dte*  teas -called  and  sworn,  and  delivered  this 

Evidence. 

Dyer.  I  came  to  a  merchant's  house  in  Lis- 
bon, to  see  a  boy  that  I  bad  there ;  there  came 
a  gentleman  into  -the  house,  and  enquiring  what 
-countryman  I  was,  I  said,  an  Englishman. 
Whereupon  be  asked  me,  if  the  king  was  crown- 
ed ?  And  I  answered,  No,  but  that  I  hoped  he 
should  be  so  shortly.  Nay,  saith  he,  he  shall 
never  be  crowned*;  for  Don  Raleigh  and  Don 
Cobham  will  cut  bis  throat  ere  that  day  come. 

Raleigh.     What  infer  you  upon  this  ? 

Att.    That  your  Treason  hath  wings. 

Raleigh.  If  Cobham  did  practise  with  Arern- 
berg,  how  could  it  not  but  be  known  in  Spain  ? 
Why  did  they  name  the  duke  of  Buckingham 
with  Jack  Straw's  Treason,  and  the  duke  of 
Yoik  with  Jack  Cade,  but  that  it  was  to  coun- 
tenance his  Treason?  Consider,  you  Gentle- 
men of  the  Jury,  there  is  no  cause  so  doubt  till 
which  the  king's  counsel  cannot  make  good 
against  the  law.  Consider  my  disability,  and' 
their  ability :  they  prove  nothing  against  me, 
ooly  they  bring  the  Accusation  of  my  lord  Cob- 
ban, which  he  hath  lamented  and  repented  as 
heartily,  as  if  it  had  been  for  an  horrible  mur- 
der: for  he  knew  that  all  this  sorrow  which 
should  come  to  me,  is  by  his  means.  Presump- 
tions must  proceed  from  precedent  or  subsc- 
4)oent  facts.  I  haye  spent  '10,000  crowns  against 
the  Spaniard.  I  had  not  purchased  40  pound 
a  year.  If  I  had  died  in  Guiana,  I  had  not  left 
600  marks  a  year  to  my  wife  and  son.  I  that 
have  always  condemned  the  Spanish  Paction, 
Bethinks  it  is  a  strange  thin*;  that  now  I  should 
affect  it !  Remember  what  St.  Austin  says,  Sic 
judical e  tanquam  uh  alio  moi  judwandi  ;  unus 
jWcr,  unutn  Tribunal.  If  you  would  be  con- 
tented on  presumptions  to  be  delivered  up  to 
be  slaughtered,  to  have  your  wives  and  children 
tamed  into  the  streets  to  beg  their  bread  ;  if 
you  would  be  contented  to  be  so  judged,  judge 
so  of  me. 

Serj.  Philips.  I  hope  to  make  this  so  clear, 
a*  that  the  wit  of  man  shall  have  no  colour  to 
ai'iwer  it.  The  matter  i»  Treason  in  the  high- 
est degree,  the  end  to  deprive  the  king  of  his 
crow  n.  The  particular  Treasons  are  these :  first, 
to  rai*e  up  Rebellion,  and  to  effect  that,  to 
procure  Money  ;  to  raise  up  Tumults  in  Scot- 
land, by  dj\  uluing  a  treasonable  Book  against 
the  kins'*  right  to  the  crown  ;  the  purpose,  to 
tale  away  the  life  of  his  majesty  and  his  issue. 
My  loid  Cobham  confesseth  sir  Walter  to  be 
guilty  of  all  these  Treasons.  The  question  is, 
»!»'  iher  he  be  guilty  as  joining  with  him,  or  in- 
tubating of  him  ?  1  he  course  to  prove  tin*,  was 
by  my  lord  Cobbam's  Accusation.     If  that  be 


true,  he  is  guilty ;  if  not,  he  is  clear.  So  whe- 
ther Cobham  say  true,  or  Raleigh,  that  is  the 
question.  Raleigh  hath  no  answer  but  the 
shadow  of  as  much  wit,  as  the  wit  of  man  can 
devise.  He  uscth  his  bare  denial ;  the  denial 
of  a  Defendant  must  not  move  the  Jury.  In 
the  Star  Chamber,  or  in  the  Chancery,  for  mat- 
ter of  Title,  if  the  Defendant  be  called  in  ques- 
tion, his  denial  on  his  oath  is  no  Evidence  to 
the  Court  to  clear  him,  he  doth  it  in  propria 
causa ;  therefore  much  less  in  matters  of  Trea- 
son. Cohhani's  testification  against  him  before 
them,  and  since,  hath  been  largely  discoursed. 
Raleigh.  If  truth  be  constant,  and  constancy 
be  in  truth,  why  hath  he  forsworn  that  that  he 
hath  said  ?  You  have  not  proved  any  one  thing 
against  me  by  direct  Proofs,  but  all  by  circum- 
stances. 

Att.  Have  you  done  ?  The  king  must  have 
the  last. 

Raleigh.  Nay,  Mr.  Attorney,  he  which 
speaketh  for  his  life,  must  speak  last.  False 
repetitions  and  mistakings  must  not  mar  my 
cause.  You  should  speak  secundum  allegata  et 
probata.  I  appeal  to  Cod  and  the  king  in  this 
point,  whether  Cobhum's  Accusation  be  suffi- 
cient to  condemn  me. 

Att.  The  king's  safety  and  your  clearing 
cannot  agree.  I  protest  before  God,  I  never 
knew  a  clearer  Treason. 

Raleigh.  I  never  had  intelligence  with  Cob-j 
liam  since  I  came  to  the  Tower. 

Att.  Go  to,  1  will  lay  thee  upon  thy  back, 
for  the;  confidentest  Traitor  that  ever  came  at 
a  bar.  Why  should  you  take  8,000  crowns  for 
a  peace  ? 

Lord  Cecil.  Be  not  so  impatient,  good  Mr. 
Attorney,  give  him  leave  to  speak. 

Att.  If  I  may  not  be  patiently  heard,  yon 
will  encourage  Traitors,  and  discourage  us.  I 
am  the  king's  sworn  servant,  and  must  speak ; 
If  he  be  guilty,  he  is  a  Traitor ;  if  not,  deliver" 
him. 

Note,  Here  Mr.  Attorney  sat  down  in  a  chafe, 
and  would  speak  no  more,  until  the  Com- 
missioners urged  and  intreated  him.  After 
much  ado,  he  went  on,  and  made  a  long 
repetition  of  all  the  Evidence,  for  the  direc- 
tion cf  the  Jury ;  and  at  the  repeating  of 
some  things,  sir  Walter  Raleigh  interrupted 
him,  and  said,  he  did  him  wrong. 
Att.  Thou  art  the  most  vile  and  execrable 
Traitor  that  ever  lived. 

Raleigh.  You  speak  indiscreetly,  barbar- 
ously and  uncivilly. 

Att.  I  want  words  sufficient  to  express  thy 
viperoMs  Treasons. 

Raleigh.  I  think  you  want  words  indeed, 
for  you  have  spoken  one  thing  half  a  dozen 
times. 

Att.  Thou  art  an  odious  fellow,  thy  name 
is  hateful  to  all  the  realm  of  England  for  thy 
pride. 

Raleigh.     It  will  go  near  to  prove  a  mea- 
Miring  east  between  you  and  me,  Mr.  Attorney. 
Att.     Well,   I*  will  now  make  it  appear  to 
the  \%orld,  that  there  never  lived  a  viler  ' 


*71 


STATE  TRIALS,  1  Jamks  I.  1603.— Trial  of  Sir  Walter  Rakfch, 


[28 


upon  the  face  of  the  earth  than  thou.  And 
therewithal  he  drew  a  Letter  out  of  his  pocket, 
saying  further,  My  lords,  .you  shall  see,  this  is 
an  Agent  that  hath  writ  a  Treatise  against  the 
Spaniard,  and  hath  ever  so  detested  him ;  this 
is.  he  that  hath  spent  so  much  Money  against 
him  in  service ;  and  yet  you  shall  all  see  whe- 
ther his  heart  he  not  wholly  Spanish.  The 
lord  Cobham,  who  of  his  own  nature  was  a 

food  and  honourable  gentleman,  till  overtaken 
y  this  wretch,  now  finding  his  conscience 
heavily  burdened  with  some  courses  which  the 
subtilty  of  this  Traitor  had  drawn  him  into ; 
my  lords,  he  could  be  at  uo  rest  with  himself, 
nor  quiet  in  his  thoughts,  until  he  was  eased  of 
that  heavy  weight  :  out  of  which  passion  of  his 
mind,  and  discharge  of  his  duty  to  his  prince, 
and  his  conscience  to  God,  taking  it  upon  his 
salvation  that  he  wrote  nothing  but  the  truth, 
with  his  own  hands  he  wrote  this  Letter. 
Now,  sir,  you  shall  see  whether  you  had  intelli- 
gence with  Cohham,  within  four  days  before 
he  came  to  the  Tower.  If  he  be  wholly  Span- 
ish, that  desired  a  Pension  of  1500/.  a  year 
from  Spain,  that  Spain  by  him  might  have  in- 
telligence, then  Raleigh  is  a  Traitor  :  He  hath 
taken  an  apple,  and  pinned  a  Letter  unto  it, 
and  threw  iuinto  my  lord  Cobham's  window  ; 
the  contents  whereof  were  this,  '  It  is  doubtful 
'  whether  we  $hall  he  proceeded  with  or  no, 

*  perhaps  you  shall  not  be  tried.'  This  was  to 
get  a  retractation.  Oh  !  it  was  Adam's  apple, 
whereby  the  devil  did  deceive  him.  Further, 
he  wrote  thus,  «  Do  not  as  my  lord  of  Emcx 

*  did  ;    take  heed  of  a  Preacher ;  for  by  his 
'  persuasion  he  confessed,  and  made  himself 
'  guilty/    I  doubt  not  but  this  day  God  shall 
have  as  grout  a  conquest  by  this  Traitor,  and 

4  the  Son  of  God  shall  be  as  much  glorified,  as 
when  it  was  said,  Vicisti,  Gulilae  ;  you  know 
my  meaning.  What  though  Cob  ham  retract- 
ed, yet  he  could  not  rest  nor  sleep  till  he  con- 
firmed it  again.  l\  this  be  not  enough  to  prove 
him  a  Traitor,  the  king  my  master  shall  not  live 
three  years  to  an  end. 

Noto,  Here  Mr.  Attorney  produced  the  lord 
Cobham's  Letter,  and  as  he  read  it,  inserted 
some  speeches. 

*  I  have  thought  fit  to  set  down  this  to  my 
'  lords,  wherein  I  protest  on  my  soul  to  write 

*  nothing  but  the  truth.  I  am  uow  come  near 
'  the  period  of  my  time,  therefore  I  confess 
'  the  w  hole  truth  before  God  and  his  angels. 
'  Raleigh,  four  days  before  I  came  from  the 
4  Tower,  caused  an  apple'  (Eve's  apple)  '  to  be 

*  thrown  in  at  my  chamber  window  ;  the  effect 
'  of  it  was,  to  intre.it  *no  to  risrht  the  wrong 
'  that  I  had  done  him,  in  siying,  '  that  I  should 
'  hive  come   home  by  Jersey;*    which  under 

*  my  hand  to  him  I  have  ret  rat-ted.  His  first 
'  Letter  I  answered  not,  which  was  thrown  in 
'  the  same  manner ;  whertiu  he  grayed  me  to 
<  write  him  a  Letter,  which  I  did.  He  tent 
4  me  word,  that  the  Judges  met  at  Mr.  Attor- 
4  ney's  house,  and  that  there  was  good  hope 
4  the  proceedings  against  us  should  be  slaved  : 


'  he  sent  me  another  time  a  little  tobacco. 
1  At  Aiemberg's  coming,  Raleigh  was  to  have 
'  procured   a  pension  of  1500/.  a  year,  for 

*  which  he  promised,  that  no  action  should  be 
<  against  Spain,  the  Low  Countries,  or  the  In- 

*  dies,  but  he  would  give  knowledge  before- 

*  hand.  He  told  me,  the  States  had  audience 
'with  the  king.* — (Attorney,  '  Ah  !  is  not  this 
a  Spanish  heart  in  an  English  body  ?')  *  He 
4  hath  been'  the  original  cause  of  my  ruin  ;   for 

*  I  had  no  dealing  with  A  rem  berg,  but  by  his 
'  instigation.     He  hath  also  been  the  cause  of 

*  my  discontentment ;  he  advised  me,  not  to 
'  be  overtaken  with  preachers,  as  Essex  was  ; 
'  and  that'  the  king  would  better  allow  of  a 
1  constant  dcuial,  than  to  accuse  any/ 

Att.  Oh,  damnable  atheist !  He  hath 
learned  some  Text  of  Scripture  to  serve  bis 
own  purpose,  but  falsely  alledged.  He  coun- 
sels him  not  to  be  counselled  by  preachers,  as 
Eh-tex  was  :  He  died  die  child  of  God,  God 
honoured  him  at  his  death ;  thou  wast  by  when 
he  died  *  ;  Et  lupus  et  turpes  instant  moricn~ 
Ubus  Ursa,  He  died  indeed  for  his  offence. 
The  king  himself  spake  these  words ;  *  He  that 
'  shall  say,  Essex  died  not  for  Treason,  is 
'  punishable.' 

Raleigh.  You  have  heard  a  strange  tale  of 
a  strange  man.  Now  he  thinks,  he  hath  mat- 
ter enough  to  destroy  me ;  but  the  king  and  all 
of  you  shall  witness,  by  our  deaths,  which  of 
us  was  the  ruin  of  the  other.  I  bid  a  poor  fel- 
low throw  in  the  Letter  at  his  window,  written 
to  this  purpose ;  (  You  know  you  have  undone 
me,  now  write  three  lines  to  justify  me.'  In 
this  I  will  die,  that  he  hath  done  me  wrong  : 
Why  did  not  he  acquaint  him  with  my  disposi- 
tions ? 

L.  C.  J  But  what  say  you  now  of  the  Let- 
ter, and  the  Pension  of  1500/.  per  annum  ? 

liuicifih.  I  say,  that  Cobham  is  a  base,  dis- 
honourable, poor  soul. 

Att.  Is  he  base  ?  I  return  it  into  thy  throat 
on  his  behalf:  But  for  thee  he  liad  been  a  good 
subject. 

L.  C.  J.  I  perceive  you  are  not  so  clear  a 
man,  as  you  have  protested  all  this  while  ;  for 
you  should  have  discovered  these  matters  to 
the  king. 

Nota,  Here  Raleigh  pulled  a  Letter  out  of  his 
pocket,  which  the  lord  Cobhain  had  written 
to  him,  and  desired  my  lord  Cecil  to  read 
it,  because  he  only  knew  his  hand ;  the  ef- 
fect of  it  was  as  follows  : 

Cobham's  Letter  of  Justification  to  Raleigh. 

1  Seeing  myself  so  near  mv  end,  for  the  dis- 
charge of  my  own  conscience,  and  freeing 
myself  from  your  blood,  which  else  will  cry 
vengeance  against  me;  I  protest  upon  my 
salvation  I  never  practised  with  Spain  by 
your  procurement;  God  so  comfort  me  in 
this  my  affliction,  as  you  are  a  true  subject, 
for  any  thing  that  I  know.  I  will  say  as 
Daniel,  Purus  sum  d  sanguine  hujus.     So 


*  See  rol.  1.  p.  1359. 


23] 


STATE  TRIALS,  1  James  I.   1003.-: for  High  Treason. 


[30 


1  God  have  mercy  upon  my  soul,  as  I  know  no 
*  Treason  by  you/ 

Raleigh.  Now  I  wonder  how  many  souls 
this  man  hath  !  He  damns  one  in  this  Aictter, 
tnd  another  in  that. 

[Here  was  much  ado :  Mr.  Attorney  alledg- 
ed,  that  his  last  Letter  was  politicly  und  cun- 
ningly urged  from  the  lord  Cobham,  and  that 
the  first  was  simply  the  truth ;  and  that  lest  it 
ihould  seem  doubtful  tliat  the  first  Letter  was 
drawn  from  my  lord  Cobham  by  promise  of 
mercy,  or  hope  of  favour,  the  Ld.  C.  J.  billed 
that  the  Jury  might  herein  be  satisfied. 
Whereupon  the  earl  of  Devonshire  delivered, 
that  die  same  was  mere  voluntary,  and  not  ex- 
tracted from  the  lord  Cobham  upon  any  hopes 
or  promise  of  Pardon.] 

This  was  the  last  Evidence  • :  whereupon  a 
Marshal  was  sworn  to  keep  the  Jury  private. 
The  Jury  departed,  and  staid  not  a  quarter  of 
ui  hour,  but  returned,  and  gave  their  verdict, 
Guilty. 

Serf.  Heale  demanded  Judgment  ngainst 
the  Prisoner. 

Clerk  of  the  Crown.  Sir  Walter  Raleigh, 
Thou  hast  been  indicted,  arraigned,  and  plead- 
ed Not  Guilty,  for  all  these  several  Treasons ; 
and  for  Trial  thereof,  bast  put  thyself  upon  thy 
country ;  which  country  are  these,  who  have 
found  thee  Guilty.  What  canst  thou  say  for 
thyself,  why  Judgment  and  Execution  of  Death 
•hootd  not  pass  against  thee  ? 

Raleigh.  My  lords,  die  Jury  have  found 
me  Guilty :  they  must  do  as  they  are  directed. 
I  can  say  nothing  why  Judgment  should  not 
proceed.  You  see  whereof  Cobham  hath  ac- 
cused me :  you  remember  his  Protestations, 
that  I  was  never  Guilty.  I  desire  the  king 
fiboeld  know  of  the  wrongs  done  unto  me 
since  I  came  hither. 

L.  C.  J.  You  have  had  no  wrong,  sir  Wal- 
ter. 

Raleigh.  Yes,  of  Mr.  Attorney,  I  desire 
nj  lords  to  remember  three  things  to  the 
king.  1.  I  was  accused  to  be  a  practiser  with 
Spain :  1  never  knew  that  my  lord  Cobham 
meant  to  go  thither ;  I  will  ask  no  mercy  at 
the  king's  hands,' if  he  will  affirm  it.  2. 1  never 
knew  of  the  practice  with  Arabella.  3. 1  never 
knew  of  my  lord  Cobhatn's  practice  with  Arem- 
kert»  nor  of  the  surprizing  Treason. 

L.  C.  J.  In  my  conscience,  I  am  persuaded 
that  Cobham  hath  accused  you  truly.  You 
cannot  deny,  but  that  you  were  dealt  with  to 
have  a  Pension  to  be  a  spy  for  Spain ;  there- 
fore y.j  are  not  so  true  to  the  king  as  you 
We  protested  yourself  to  be. 

Raleigh.      I   submit    myself  to   the   king's 

*  Kennett  says  that  "  Upon  the  trial,  sir 
Walter  Raleigh  denying  the  tact,  pleaded,  That 
though  it  were  proved,  it  could  not  amount  to 
Treason  against  king  James,  being  done  in  the 
reign  of  the  late  queen;  and  no  acts  of  parlia- 
ment made  to  entail  the  crown  upon  him  after 
W  death." 


mercy  ;  I  know  his  mercy  is  greater  than  my 
o Hence.  I  recommend  my  wife,  and  son  of 
tender  years,  unbrought  up,  to  his  compassion. 
L.  C.  J.  I  thought  I  should  never  have 
seen  this  day,  to  have'  stood  in  this  place  to 
give  Sentence  of  Death  against  you  ;  because 
I  thought  it  impossible,  that  one  of  so  great 
parts  should  have  fallen  so  grievously.  God 
hath  bestowed  on  you  many  benefits.  You 
had  been  a  man  fit  and  able  to  have  served 
the  king  in  good  place.  You  had  brought 
yourself  into  a  good  state  of  living;  if  you  had 
entered  into  a  good  consideration  of  your 
estate,  and  not  su tiered  your  own  wit  to  have 
in  trapped  yourself,  you  might  have  lived  in 
good  comfort.  It  is  best  for  man  not  to  seek 
to  climb  too  high,  lest  he  fall :  nor  yet  to  creep 
too  low,  lest  he  be  trodden  on.  It  was  the 
Poesy  of  the  wisest  and  greatest  Counsellor  of 
our  time  in  EngUuid,  In  medio  sputio  medio- 
cria  firma  locantur.  You  might  have  lived 
well  with  3000/.  a  vear,  for  so  I  have  heard 
your  Revenues  to  be.  1  know  nothing  might 
move  you  to  be  discontented  :  but  if  you  hud 
been  down,  you  know  fortune's  wheel,  when  it 
is  turned  about,  riseth  again.  1  never  heard 
that  the  king  took  away  any  thing  from  you, 
bur  the  Captainship  of  the  Guard,  which  he 
did  with  very  good  reason,  to  have  one  of  his 
own  knowledge,  whom  he  might  trust,  in  that 
place.  You  have  heen  taken  tor  a  wise  man, 
and  so  have  shewed  wit  enough  this  day. 
Again,  for  Monopolies  for  Wine,  &c.  if  the 
king  had  said,  It  is  a  matter  that  offends  my 
people,  should  I  burden  them  for  your  private 
good  ?  1  think  you  could  not  well  take  it  hard- 
ly, that  his  subjects  were  cased,  though  by 
your  private  hindrance.  Two  \  ices  have  lodged 
chiefly  in  you ;  one  is  an  eager  ambition,  the 
other  corrupt  covetousness.  Ambition,  in  de- 
siring to  be  advanced  to  equal  grace  and  fa- 
vour, as  you  have  been  before  time ;  that 
grace  you  had  then,  you  got  not  in  a  day  or 
year.  For  your  covetousness,  I  am  sorry  to 
hear  that  a  gentleman  of  your  wealth  should 
become  a  base  Spy  for  the  enemy,  which  is 
the  vilest  of  all  other ;  wherein  on  my  con- 
science Cobham  hath  said  true :  by  it  you 
would  have  increased  your  living  1500?.  a  year. 
This  covetousnos  is  like  a  canker,  that  eats 
the  iron  place  where  it  lives.  Your  case  being 
thus,  lej  it  not  grieve  you,  if  1  speak  a  little 
out  of  zeal,  and  love  to  vour  good.  You  have 
been  taxed  by  the  world,  with  the  Defence  of 
the  most  heathenish  and  blasphemous  Opinions, 
which  I  list  not  to  repeat,  because  Christian 
ears  cannot  endure  to  hear  them,  nor  the  au- 
thors and  maintained  of  them  be  suffered  to  . 
live  in  any  Christian  Commonwealth.  You 
know  what  men  said  of  llarpool.  You  shall 
do  well,  before  you  go  out  of  the  world,  to  give 
satisfaction  therein,  and  not  to  die  with  these 
imputations  on  you.  Let  not  any  devil  per- 
suade you  to  think  there  is  no  eternity  iu 
Heaven  :  for  if  you  think  thus,  you  shall  find 
eternity  in  Hell-fire.  In  the  first  accusation  of 
my  lord  Cobham,  I  observed  his  manner  of 


31] 


STATE  TRIALS,  1  James  I.  ltfOS.— Trial  qf  Sir  Walter  Raleigh, 


[32 


speaking  ;  I  protest  before  the  living  God,  I 
am  persuaded  he  spoke  nothing  but  the  truth. 
You  wrote,  that  he  should  not  in  any  case 
confess  any  thing  to  a  Preacher,  telling  him  an 
example  of  my  lord  of  Essex,  that  noble  earl 
that  is  gone ;  who,  if  he  had  not  been  carried 
away  with  others,  had  lived  in  honour  to  this 
day  among  us  :  he  confessed  his  offences,  and 
obtained  mercy  of  the  Lord  ;  for  I  am  verily 
persuaded  in  my  heart,  he  died  a  worthy  ser- 
vant of  God.  Your  conceit  of  not  coniessing 
any  thing,  is  very  inhuman  and  wicked.  In 
this  world  is  the  time  of  confessing,  that  we 
may  be  absolved  at  the  Day  of  Judgment. 
You  have  shewed  a  fearful  sign  of  denying  God, 
in  advising  a  man  not  to  confess  the  truth,  it 
now  comes  in  my  mind,  why  you  may  not  have 
your  Accuser  come  face  to  face :  tor  such  an 
one  is  easily  brought  to  retract,  when  he  seeth 
there  is  no  hope  of  his  own  life.  It  is  dange- 
rous that  any  Traitors  should  have  access  to, 
or  conference  with  one  another ;  when  they 
see  themselves  must  die,  they  will  think  it  best 
to  have  their  fellow  live,  that  he  may  commit 
the  like  Treason  again,  and  so  in  some  sort 
seek  revenge. — Now  it  resteth  to  pronounce 
the  Judgment,  which  I  wish  you  had  not  been 
this  day  to  have  received  of  me :  for  if  the 
fear  of  God  in  you  had  been  answerable  to 
your  other  great  parts,  yuu  might  have  lived  to 
have  been  a  sinuular  good  subject.  I  never 
saw  the  like  Trial,  and  hope  1  *hall  never  see 
the  like  again  : 

The  JVDT.MEM', 

But  since  you  have  been  found  guilty  of  these 
horrible  Treasons,  the  judgment  of  this  court 
is  *,  That  you  s-hull  be  had  from  hence  to  the 
place  whence  you  came,  there  to  remain  until 
the  day  of  execution;  and  from  thence  you 
shall  be  drawn  upon  a  hurdle  through  the  open 
streets  to  the  place  of  execution,  there  to  be 
hanged  and  cut  down  alive,  and  your  body 
shall  be  opened,  your  heart  and  bowels  plucked 
out,  and  your  privy  members  cut  off,  and 
thrown  into  the  fire  before  your  eyes ;  then  your 
head  to  be  stricken  off  from  your  body,  and 
your  body  shall  be  divided  into  four  quarters, 
to  be  disposed  of  at  the  king's  pleasure:  And 
God  have  mercy  upon  your  soul. 

Sir  Walter  Raleigh  Besought  the  carl  of 
Devonshire,  and  the  lords,  to  be  suitors  on  his 
behalf  to  the  king;  that  in  regard  of  places  of 
estimation  he  did  bear  in  his  majesty's  time, 
the  rigour  of  his  Judgment  might  be  qualified, 
and  his  death  be  honourable,  and  not  igno- 
minious. Wherein  after  they  had  promised 
him  to  do  their  utmost  endeavours,  the  court 
rose,  and  the  prisoner  was  carried  up  again  to 
the  castle. 

Fourteen  years  sir  Walter  had  spent  in  the 

*  As  to  the  Judgment  for  Treason  and  the 
difference  between  the  Judgment  pronounced 
and  that  entered  on  the  record,  see  Lord  Der- 
wentwater's  Case,  infra,  a.  d.  1715,  and  East's 
Pleas  of  the  Crown,  ch.  2.  •.  78. 


Tower,  and  being  weary  of  a  state  wherein  he 
could  be  only  serviceable  by  his  pen,  but  not 
in   a  capacity  of  serving    and  enriching  his 
country  any  other  way,  (of  whom  prince  Henry 
would  say,  '  that  no  king  but  his  father  would 
keep  such  a  bird  in  a  cage;')  at  length  he  fell 
upon  an  enterprize  of  a  golden  mine  in  Guiana 
in  the  Southern  parts  of  America.     The  propo- 
sition of  rhis  was  presented  and  recommended 
to  his  majesty  by  sir  Ralph  VVinwood,  Secretary 
of  State,  ns*a  matter  not  in  the  air,  or  specula- 
tive, but  real,  and  of  certainty :  for  that  sir 
Walter  had  seen  of  the  ore  of  the  mine,  and 
tried  the  richness  of  it,  having  gotten  a  pound 
from  thence  by  the  hands  of  Captain  Kemish's 
ancient  servant. — Sir  Ralph's  recommendation* 
of  the  design,  and  the  earnest  solicitations  for 
his  enlargement  by  the  queen  and  prince,  and 
the  French  Leiger,  (with  much  affection  to  his 
deserts,  not  without  some  politic  designs  on 
Spain)  together  with  the  asseverations  of  sir  Wal- 
ter of  the  truth  of  the  mine,  worked  upon  his 
majesty,  who  thought  himself  in  honour  obliged, 
nay,  in  a  manner  engaged,  as  the  Declaration 
which  he  published  after  the  death  of  sir  Walter 
tells  us,  not  to  deny  unto  his  people  the  adven- 
ture and  hope  of  so  great  riches  to  be  sought 
and  achieved  at  the  charge  of  volunteers,  espe- 
cially since  it  stood  so  well  with  his  majesty's 
politic  and  magnanimous  courses  in  these  his 
nourishing  times  of  peace  to  nourish  and  encou- 
rage noble  and  generous  enterprizes  for  planta- 
tions, discoveries,  and  opening  of  a  new  trade. 
— Count  Goudomar,  an  active  and  subtle  in- 
strument to  serve  his  master's  ends,  took  alarm 
at   this,  and  represented  to   his  majesty   the 
Enterprize  of  sir  Walter  to  be  hostile,  and  pre- 
datory, intending  a  breach  of  the  peace  between 
the  two  crowns.     But  notwithstanding,  power 
at  last  is  granted  to  sir  Walter  to  set  forth  ships 
and  men  for  that  sen  ice.     llowoer,  the  king 
commanded   him  upon    pain  of  his  allegiance, 
to  give  him  under  hi*  hand,  promising,  on  the 
word  o(  a  king,  to  keep  it  secret,  the  number  of 
his  men,  the  burden  and  strength  of  his  ships,  to- 
gether with  the  country  and  river  which  he  was 
to  enter:  Which  being  done  accordingly  by  sir 
Walter,  that  very  original  Paper  was  found  in 
the  Spanish  governor's  closet  at  St.  Thomas's. 
So  active  were  the  Spanish  ministers,  that  ad- 
vertisement was  sent  to  Spain,  and  thence  to 
the  Indies,  before  the  English  Fleet  got  out  of 
the  Thames. — But  as  we  have  just  cause  to 
admire  the'  more  than   usual  activity  of  the 
Spanish  Agents,  so  may  we  wonder  no  less  at 
I  the  miscarriage  of  his  majesty's  present  minis- 
ters, who,  notwithstanding  he  had  pasr£d  his 
royal  word  to  the  contrary,  yet  they  did  help 
count  Gondoraar  to  that  very  Paper;  so  much 
both  king  and  court  were  at  Gondomar's  ser- 
vice.    A  Commission*  indeed  is  granted,  but 
by   Gondomar's   means   is  limited,  That  the 

*  This  Commission  bears  date  Aug.  26, 
1616,  and  is  to  be  found  in  1  Rymer's  Eccdera, 
789,  wherein  no  mention  is  made  of  the  king  of 
Spain,  or  his  subjects,  notwithstanding  it  is  so 


S3] 


STATE  TRIALS,  1  James  I.  1003.— /or  High  Treason. 


[34 


Fleet  should  commit  no  outrages  upon  the  king 
of  Spain's  subjects  by  lund,  unless  they  begun 
first.     With  this  commission,  and  the  company 
of  several  brave  captains,  and  other  knights 
and  gentlemen  of  great  blood  and  worth,  he 
set  out  in  quest  of  the  Mine  with  a  compleat 
fleet  of  12  sail ;  letting  fall  a  Speech  at  his  de- 
parture, which  was  rather  an  argument  of  his 
wit  than  liis  wisdom ;  *  That  his  whole  History 
'  of  the  World  hud  not  the  like  precedent,  of  a 
1  king's  prisoner  to  purchase  freedom,  and  his 
'  bosom   favourite  to  have  the  halter,  but  in 
'  Scripture,  Mordecai  and  Haman  ;*  meaning 
himself  and  the  carl  of  Somerset.    To  which 
he  was  told,  that  the  king  replied,  *  He  might 
die  in  that  deceit.*     Which  he  did,  for  Somer- 
set was  saved.     Of  whom  was  made  good  what 
sir  Waller  used  to  say  of  Favourites,  *  That 
minions  were  not  so  happy  as  vulgar  judgments 
thought  them,  being  frequently  commanded  to 
uncomely,  and  sometimes  to  unnatural  employ- 
ments.' On  the  17  th  of  Nov.  he  arrived  at  Guiana 
having  been  much  retarded  by  contrary  winds, 
and  having  lost  several  of  his  volunteers  in  the 
voyage,  by  a  violent  calenture.    When  sir  Wal* 
ter  was  returned  to  Plymouth,  sir  Lewis  Stetikly, 
Vice-Adiniral  of  the  county  of  Devon,  seized 
him,  being   commissioned    by  his  majesty  to 
bring  him  to  London ;  which  could  add  no  ter- 
ror to  a  person  who  could  expect  nothing  less. 
When  be  was  brought  to  London,  he  was  per- 
mitted the  confinement  of  his  own  house:  but' 
fading  the  court  wholly  guided  by  Gondomar, 
he  could   hope  for  little  mercy ;  therefore  he 
wisely  contrived  the  design  of  an  escape  into 
France;  which  sir  Lewis  Steukly  betrayed. 

The  Voyage  proving  unsuccessful,  king  James 
was  willing  to  sacrifice  the  life  of  sir  Walter11  to 
the  advancement  of  peace  with  Spain,  but  not 
upon  such  grounds  as  the  ambassador  had  de- 
signed; for  he  desired  a  Judgment  upon  the 
pretended  breach  of  peace,  that  by  this  occa- 
sion he  might  slily  gain  from  (he  English  an 
acknowledgment  of  his  master's  right  in  those 
places,  and  hereafter  both  stop  their  mouths, 
and  quench  their  heat  and  valour. 

Hence  they  resolved  to  proceed  against  him 
apon  his  old  condemnation  f,  for  having  had 
eiperience  upon  a  former  Trial,  they  cared  not 
to  run  the  hazard  of  a  second.  Accordingly, 
upon  Wednesday,  the  28th  of  Oct.  1618,  the 
Lieutenant  of  the  Tower,  in  pursuance  of  a 
Writ  of  Habeas  Corpus  to  him  directed,  brought 
sir  Walter  Raleigh  from  the  Tower  to  the 
KingVbench  bar  at  Westminster.  Wliere 
Mr.  Attorney  (Mr.  Henry  Yelverton,)  spake  in 
eject  thus:  My  lord*,  sir  Walter  Raleigh,  the 
prisoner  at  the  bar,  was  15  years  since,  con- 
victed of  High-Treason,  by  him  committed 
^fainst  the  person  of  his  majesty,  and  the  state 

insinuated  in  the  king's  Proclamation  against 
Sir  Walter  Raleigh,  June  11, 1618,  which  is 
extant  in  1  Ryra.  Foedera,  92. 

*  1  Rush.  coi.  9. 

t  See  the  Order  for  hit  Execution,  1  Rym. 
Fo><L  115. 

vol.  y. 


of  this  kingdom,  and  then  received  the  Judg- 
ment of  death  to  be  hanged,  drawn,  and  quar- 
tered ;  his  majesty,  of  his  abundant  grace,  oath 
been  pleased  to  shew  mercy  upon  him  'till 
now,  that  justice  calls  unto  him  tor  Execution. 
Sir  Walter  hath  been  a  statesman,  and  a  man, 
v\ho,  in  regard  of  his  parts  and  quality,  is  to  be 
pitied :  he  hath  beeu  as  a  star,  at  which  the 
Vorld  hath  gazed;  but  stars  may  fall,  nay  they 
must  fall,  when  they  trouble  the  sphere  wherein 
they  ahide.  It  is  therefore  his  majesty's  plea- 
sure now  to  call  for  Execution  of  the  former 
Judgment,  and  1  now  require  order  for  the  same. 

'1  hen  Mr.  Fanshaw,  Clerk  of  the  Crown, 
read  the  Record  of  the  Conviction  and  Judg- 
ment, and  called  to  the  Prisoner,  tn  hold  np  his 
hand,  which  he  did.  Then  was  the  Prisoner 
asked,  Whit  he  could  say  for  himself,  why  exe-" 
cution  should  not  be  awarded  against  turn  ? 

Sir  Walter  Raleigh.  My  lords,  my  voice  is 
grown  weak,  by  reason  of  my  late  sickness,  and 
an  ague,  which  I  now  have  ;  for  1  was  even  now 
brought  hither  out  of  it. 

L.  C.  Justice  (sir  Edw.  Coke).  Sir  Walter, 
your  voice  is  audible  enough. 

Sir  Walter.  Then,  my  lord,  all  I  can  say  is 
this;  That  the  Judgment  which  1  received  to 
die  so  long  since,  1  hope  it  cannot  now  be 
strained  to  take  away  my  life  ;  for  that  since  it 
was  his  majesty's  pleasure  to  grant  roc  a  commis- 
sion to  proceed  in  a  Voyage  beyond  the  seas, 
wherein  I  had  power  as  marshal,  on  the  lite  and 
death  of  others,  so,  under  favour,  I  presume  I 
am  discharged  of  that  Judgment :  for,  by  that 
Commii-sion  I  departed  the  land,  and  undertook 
a  Journey,  to  honour  my  sovereign,  and  to  en- 
rich his  kingdom  with  gold,  of  the  ore  whereof 
tins  hand  hath  found  and  taken  in  Guiana ;  but 
the  Voyage,  notwithstanding  my  endeavour,  had 
no  other  success,  but  what  was  fatal  to  me,  the 
loss  of  my  son,  and  waiting  of  my  whole  estate. 

Being  about  to  proceed,  he  was  by  the  L.  C. 
Justice  interrupted,  who  spake  : 

L.  C.  J.  Sir  Walter  Raleigh,  this  which  you 
now  speak,  touching  your  Voyage,  is  not  to  the* 
purpose,  neither  can  your  Commission  any  way 
help  you,  by  that  you  are  not  pardoned ;  for  by 
words  of  a  special  nature,  in  case  of  treason, 
you  must  be  pardoned,  and  not  implicitly. 
There  was  no  word  tending  to  Pardon  in  all 
your  Commission,  and  therefore  you  must  say 
something  else  to  the  purpose ;  otherwise,  ne 
must  proceed  to  give  execution. 

Sir  Waiter  Raleigh.  If  your  opinion  be  so, 
my  lord,  I  am  satisfied,  and  so  put  myself  on 
the  mercy  of  the  king,  who  I  know  is  gracious ; 
and,  under  favour,  I  must  say  I  hope  he  will  be 
pleased  to  take  commiseration  upon  me,  is 
concerning  that  judgment,  which  is  so  long 
past,  and  which,  I  think,  here  are  some  could 
witness,  nay,  his  majesty  was  of  opinion,  that 
I  had  hard  measure  therein. 

L.  C.  J.  Sir  Walter  Raleigh,  you  must  re- 
member yoursrlf;  you  had  an  honourable 
Trial,  and  so  were  justly  convicted;  and  it  were 
wisdom  in  you  now  to  submit  yourself,  and  to 
confess  your  Offence  did  justly  draw  upon  you 


35] 


STATE  TRIALS,  1  James  I.  1603— Trial  of  Sir  Walter  Raleigh, 


[36 


that  Judgment  which  was  then  pronounced 
against  you  ;  wherefore  I  pray  you  attend  what 
1  shall  say  unto  you.  I  am  here  called  to 
grant  Execution  upon  the  Judgment  given  you 
15  years  since;  all  which  time  you  have  been 
as  a  dead  man  in  the  law,  and  might  at  any 
minute  have  been  cut  off,  I  ut  the  king  in  mercy 
spared  you.  You  might  tbiuk  it  lienvy,  if  this 
were  doue  in  cold  blood,  to  call  you  to  Execu- 
tion, but  it  is  not  so ;  for  new  Offences  have 
stirred  up  his  majesty's  justice,  to  remember  to 
revive  what  the  law  hath  formerly  cast  upon 
you.  1  know  you  have  been  valiant  and  wise, 
and  I  doubt  not  but  you  retain  both  tliete  vir- 
tues, for  now  vou  shall  have  occasion  to  u*e 
them.  Your  faith  hnth  heretofore  been  ques- 
tioned, but  I  am  resolved  you  are  a  gocd  Chris- 
tian ;  for  your  Book,  which  is  an  admirable 
work,  doth  testify  as  much.  I  would  give  you 
counsel,  but  I  know-  you  can  apply  uuto  your- 
self far  better  than  I  am  able  to  give  you  ;  yet 
will  I,*with  the  good  neighbour  in  the  Gospel, 
who  finding  one  in  the  way,  wounded  and  dis- 
tressed, poured  oil  into  his  wounds,  and  refresh- 
ed him,  I  give  unto  you  the  oil  of  comfort ; 
though,  in  respect  that  I  am  a  minister  of  the 
law,  mixed  with  vinegar.  Sorrow  will  not 
avail  you  in  some  kind  :  for,  were  you  pained, 
sorrow  would  not  case  you  ;  were  you  afflicted, 
sorrow  would  not  relieve  you ;  were  you  tor- 
mented, sorrow  could  not  content  you ;  and 
yet,  the  sorrow  for  your  sins  would  be  an  ever- 
lasting comfort  to  vou.  You  must  do  as  that 
valiant  captain  did,  who  perceiving  himself  in 
danger,  said,  in  defiance  of  death ;  '  Death, 
*  thou  expectest  me,  but  maugre  thy  spite,  I 
'  expect  thee/  Fear  not  death  too  much,  nor 
fear  not  death  too  little :  not  too  much,  lest 
you  fail  in  your  hopes ;  not  too  little,  lest  you 
die  presumptuously.  And  here  I  must  con- 
clude w  ith  my  prayers  to  God  for  it ;  and  that 
he  would  have  mercy  on  your  soul.- — And  so 
the  L.  C.  Justice  ended  with  these  words  : 
1  Execution  is  granted'. 

Sir  Walter  Raleigh.  My  lord,  I  desire  thus 
much  favour,  that  I  may  not  be  cut  off  suddenly; 
for  1  have  something  to  do  in  discliarge  of  my 
conscience,  and  something  to  satisfy  hismnjestv 
in,  something  to  satisfy  the  world  in;  and  1 
desire  I  may  be  heard  at  the  day  of  my  death. 
And  here  I  take  God  to  be  my  judge,  before 
w  horn  I  shall  shortly  appear,  1  was  never  dis- 
loyal to  his  majesty,  which  I  will  justify  where 
L  shall  not  fear  the  face  of  any  king  on  earth: 
and  so  I  beseech  you  all  to  pray  for  me.    • 

The  Court  having  awarded  Execution,  the 
Sheriffs  of  Middlesex  were  commanded  for  that 
purpose  to  take  him  into  their  custody,  who 
presently  carried  him  to  the  Gatehouse.  The 
following  is  a  Copy  of  the  Warrant  for  his  Exe- 
cution : 

Dc  Warranto speciuli  pro dccollullonc Walteri 
Ralek.h,  militia. 

*  James,  by  the  grace  of  God,  king  of  Eng- 
1  land,  Scotland,  France,  and  Ireland,  defender 
'  of  the  faith,  &c.  To  our  right  trusty  and  well- 


beloved  Counsellor  Frances  lord  Verulam, 
our  chancellor  of  England  ;  greeting. — 
Whereas  sir  Walter  Raleigh,  knigbt,  late  of 
the  parish  of  Saint  Martin  in  the  Fields,  in 
the  county  of  Middlesex,  with  others,  hath 
been  indicted  of  divers  High-Treasons  by  him 
committed  against  us*  and  thereupon  hath 
been  tried,  and  found  Guilty  of  the  same,  be- 
fore our  dear  cousin  and  counsellor,  Thomas 
earl  of  Suffolk,  then  Chamberlain  of  our 
Housetibld,  Gilbert  late  earl  of  Shrewsbury, 
Charles  late  carl  of  Devon,  Henry  lord  How-' 
ard,  Robert  lord  Cecil,  of  Essingdon,  then  our 
principal  Secretary,  Edward  lord  Wotton  then 
our  Comptroller  of  our  Household,  and  other 
our  Justices  of  Oyer  and  Terminer,  at  onr 
city  of  Winchester,  in  our  county  of  South- 
ampton, concerning  Treasons,  and  other  of- 
fences, lately  assigned ;  which  said  sir  Walter 
R  deign  was,  tor  the  same  his  Treasons,  by 
them  adjudged  to  be  drawn,  hanged,  and  quar- 
tered, according  to  the  laws  and  customs  of 
this  our  realm  df  England,  in  that  case  pro- 
vided ;  which  said  Commission,  with  the  said 
Judgment,  Indictment,  and  the  Trial  and  pro- 
ceedings thereupon,  were  returned,  and  do 
remain  in  our  said  Court  of  Pleas,  before  us 
to  be  holdcn ;  and  although  the  said  sir  Wal- 
ter Raleigh  be  adjudged  to  die  as  aforesaid ; 
yet  we,  minding  to  dispense  with  that  manner 
of  Execution  of  Judgment,  do  therefore,  by 
tliese  presents,  pardon,  remit,  and  release  the 
said  sir  Waiter  Raleigh,  of  and  from  such  Ex- 
ecution of  his  Judgment  to  be  drawn,  hanged, 
and  quartered,  as  abovesaid,  and  instead 
thereof,  our  pleasure  is  to  have  the  head  only 
of  the  said  sir  Walter  Raleigh  cut  off,  at,  or 
within  our  palace  of  Westminster,  in,  or  upon 
some  fit  and  convenient  place,  or  scaffold,  to 
be  provided  in  that  behalf,  and  that  in  such 
sort  and  order,  as  in  such  cases  have  been 
heretofore  done ;  the  said  Judgment  to  be 
drawn,  hanged,  and  quartered,  or  any  law,  or 
other  thing,  or  matter,  whatsoever,  to  the 
contrary  notwithstanding:  willing,  charging, 
and  hereby  expressly  commanding  you  #ur 
said  Chancellor,  That,  upon  receipt  hereof, 
you  do  forthwith  direct,  under  our  great  seal 
of  England,  two  several  Writs,  one  to  the 
lieutenant  of  our  Tower  of  London,  or  his 
deputy  there,  for  the  delivery  of  the  said 
Walter  Raleigh  to  the  sheriff  of  Middlesex, 
at,  or  within  our  said  palace  of  Westminster 
aforesaid  ;  and  another  Writ  to  the  said  she- 
riff of  Middlesex,  for  the  receiving  the  said 
sir  Walter  Raleigh  of  and  from  the  hands  of 
our  said  Lieutenant,  or  hi*  deputy,  and  for 
the  executing  of  him  there,  at  some  fit  and  con- 
venient place,  to  be  there,  by  our  said  sheriff, 
erected  and  provided  for  that  purpose,  in  such 
manner  and  form  as  in  such  cases  hath  here- 
tofore been  done,  or  used  to  be  done;  and 
these  presents  sliall  be  your  warrant  and  dis- 
charge for  the  same,  against  us,  our  heirs  and 
successors  for  ever.  Witness  our  self  at 
Westminster,  the  98th  day  of  October  1618. 
Psr  Brevt  d$  Frivato  Sigillo.' 


37] 


STATE  TRIALS,  J  James  I.  1603.— /or  High  Treason. 


[38 


Bat  all  persona  have  wondered  how  that  old 
Sentence,  that  had  lain  dormant  16  yean  and 
upwards  against  sir  Walter,  could  have  been 
Biade  uie  of  to  take  off  his  head  afterwards : 
considering  the  then  Lord  Chancellor  Verulam 
cold  him  positively,  (as  sir  Walter  was  acquaint- 
ing hi  in  with  thut  proffer  of  sir  Vr\n.  St.  Geon 
for  a  Pecuniary  Pardon,  which  might  have 
been  obtained  for  a  lets  sum  than  his  Guiana 
preparations  amounted  to)    in  these   words  : 

*  Sir,  the  knee-timber  of  your  Voyage  is  Money ; 
'  spare  ^our  purse  in  this  particular,  fur  upon 

*  my  lite  you  have  a  sufficient  Pardon  for  all 
'  tipit  is  passed  already,  the  king  having,  under 

*  his  broad-seal,  made  you  admiral    of  your 

*  fleet,  and  «iven  you  power  of  the  martial  law, 
1  over  the  officers  and  soldiers.' 


be  esteemed  or  judged  Recttu  in  curia,  and 
free  from  all  old  convictions.  But  sir  Walter 
hath  made  the  best  defence  for  his  Guiana  ac- 
tions, in  his  letter  to  his  majesty,  which  is  here 
inserted. 

'  May  it  please  your  most  excellent  majesty; 
4  In  my  Journey  outward-bound,  I  had  my  men 
'  murdered  at  the  island,  and  yet  spared  to  take 
4  revenge :    if  I  did   discharge  some  Spanish 

*  barques  taken  without  spoil;  if  I  did  forbear 
4  all  parts  of  the  Spaui*h  Indies,  wherein  I 
'  might  have  taken  20  of  their  towns  on  the 

*  sea-coasts,  and  did  only  follow  the  Enterprize 
'  I  undertook  for  Guiana,  where,  without  any 
'  directions  from  me,  a  Spanish  village  was 
'  burnt,  which  was  new  set  up  within  three 

*  miles  of  the  Mine,  by  your  majesty's  favour,  I 
'  find  no  reason  why  the  Spanish  Ambassador 
4  should  complain  of  me.  If  it  were  lawful  for 
4  the  Spaniards  to  murder  20  Englishmen,  bind- 
4  ing  them  back  to  back,  and  then  cutting  their 
4  throats,  when  they  had  traded  with  them  n 

*  whole  month,  and  came  to  them  on  the  land 
'  without  so  much  as  one  sword  ;  and  that  it 
4  may  not  be  lawful  for  your  majesty's  subjects, 
4  being  charged  first  by  tliein,  to  repel  force  by 
'  force ;  we  may  justly  say,  0  miserable  Eng- 
4  lish  !  If  Parker  and  Metham  took  Campench 
'  and  other  places  in  the  Honduraes,  seated  in 
1  the  heart  of  the  Spanish  Indies,  burned  towns, 
4  killed  the  Spaniards,  and  had  nothing  said  to 
1  them  at  their  return,  and  myself  forbore  to 
4  look  into  the  Indies  because  I  would  not  of- 
4  fend ;  I  may  justly  say,  O  miserable  sir  W.  Ila- 
4  )etgh4  If  I  spent  my  poor  estate,  lost  my  son, 
4  suffered  by  sickness,  and  otherwise,  a  world 
4  of  miseries;  if  I  have  resisted  with  the  mani- 
4  Jest  hazard  of  my  life,  the  robberies  and  spoils 
4  which  my  company  would  have  made;  if  when 
4  I  was  poor,  I  might  have  made  myself  rich  ; 
4  if  when  I  had  gotten  my  liberty,  which  all 
'  men,  and  nature  itself  do  so  much  prize,  I  vo- 
'  lontarily  lost  it;  if,  when  I  was-  sure  of  my 
'  life,  I  rendered  it  again ;  if  I  might  elsewhere 
4  ha\e  sold  my  ship  and  goods,  and  put  5  or 
'  GOpO/.  in  my  pocket,  and  vet  have  brought 
4  her  into  England :  J  beseech  your  majesty  to 


'  believe,  that  all  this  I  have  done,  because  it 
1  should  not  be  said  to  your  majesty,  that  your 
'  majesty  had  given  liberty  and  trust  to  a  man 

*  whose  end  was  but  the  recovery  of  his  liberty, 

*  and  who  had  betrayed  your  majesty's  trust. 
1  My  mutineers  told  me,  that  if  I  returned  for 
'  England  I  should  be  undone ;  but  I  believed 
t  in  your  majesty's  goodness,  more  than  in  all 
'  their  argumettt*.     Sure  I  am,  that  I  am  the 

*  first  that  being  free,  and  able  to  enrich  any- 

*  self,  have  embraced  poverty  and  peril ;  and 

*  as  sure  I  am,  that  my  example  shall  maketue 
'  the  last.  But  your  majesty's  wisdom  and 
1  goodness  I  have  made  my  judge;  who  have 
'  ever  been,  and  shall  ever  be,  your  majesty's 
•"  most  humble  vassal,  Walter  Raleioii.' 

But  this  Apology,  though  never  so  persuasive, 
could  not  satisfy  Gondomar's  rage,  who  was  re- 
solved to  sacrifice  the  only  favourite  left  of 
queen  Elizabeth,  to  the  Spanish  interest :  aud 
who,  as  Osburn  remarks,  was  the  only  person 
of  Essex's  enemies  that  died  lamented ;  and  the 
only  man  of  note  left  alive,  that  had  helped  te 
beat  the  Spaniard  iu  the  year  1588. 

Sir  Walter  Raleigh's  Letter  to  the  King  the 
Right  before  his  Execution. 

Tie  night  before  the  Execution,  sir  Walter 
wrote  the  following  Letters,  the  one  to  the 
King,  the  other  to  his  Wife: 

1  The  life  which  I  had,  most  mighty  prince, 
'  the  law  hath  taken  from  me,  and  I  am  now 
'  but  the  same  earth  and  dust,  out  of  which  I 
4  was  made.     If  my  offence  had  any  propor- 

*  Lion  with  your  majesty's  mercy,  I  might  de- 
4  spnir,  or  if  my  deserving  had  any  quantity 
'  with  your  majesty's  uiuncasurable  goodnets* 
4  I  might  yet  have   hope ;  but  it  is  you  that 

*  in us>t  judge,  and  not  I.  Name,  blood,  genti- 
1  lity,  or  ebtate,  I  have  none;  no  not  so  much 
'  as  a  being,  no  not  so  much  as  a  vita/n  plantax 

*  I  have  only  a  penitent  soul  in  a  body  of  iron, 
'  which  moveth  towards  the  loadstone  of  death, 
'  and  cannot  be  withheld  from  touching  ir,  ex- 
4  cept  your  majesty's  mercy  turn  the  point  jo- 
'  wards  me  that  cxpelleth.  Lost  I  am  for  hear- 
1  ing  of  vain  man,  for  hearing  only,  and  never 

*  l>efieving  nor  accepting  :  aud  so  little  account 
'  I  made  of  that  speech  of  his,  which  was  my 
'  condemnation  (as  my  forsaking  him  doth  truly 
'  witness)  that  1  never  remembered  any  such 
'  thing,  till  it  was  at  iny  trial  objected  again* 
'  me.  So  did  Ir:  repay  my  care,  who  cared  to 
(  make  him  good,  which  I  now  see  no  care  of 
1  man  can  effect.     But  God  (for  my  otience  t« 

*  him)  hath  laid  this  heavy  burden  on  me,  mi- 
'  serahle  aud  unfortunate  wretch  that  I  am ! 
'  But  for  not  loving  you  (my  sovereign)  Go4 

*  hath  not  laid  this  sorrow  on  me;  for  he  knows 

*  (with  whom  I  am  not  in  case  to  lie)  that  I 
4  honoured  your  innjesty  by  fame,  and  loved 
'  and  admired  you  by  kuowledge;  so  that  whe- 

*  ther  I  live,  or  die,  your  majesty's  loving  aer- 
'  vant  I  will  live  and  die.  If  now  1  write  what 
'  seems  not  well-fa  veu  red,  most  merciful 
4  prince,  vouchsafe  to  ascribe  it  to  the  counsel 

*  of  a  dead  heart,  and  te  a  mind  that  satroir 


SO] 


STATE  TRIALS,   1  James  I.  1003.—  Trial  qf  Sir  Walter  Raleigh, 


[40 


'  hath  confounded.     But  the  more  my  misery 

*  is,  the  mote  is  your  majesty's  mercy,  if  you 
4  please  to'  behold  ir,  and  the  less  1  can  de- 
4  serve,  the  more  liberal  your  majesty's  gift 

*  shall  be  :  heremy  you  shall  only  imitate  God, 

*  by  giving  free  life ;  and  by  giving  it  to  such  a 
4  one,  from  whom  there  can  be  no  retribution, 
4  but  only  a  desire  to  pay  a  lent  life  with  the 
4  same  great  love,  which  the  same  great  good- 
4  ness  shall  bestow  on  it.  This  being  the  first 
4  letter  that  ever  your  majesty  received  from  a  * 
4  dead  man:  I  humbly  ;>ubmit  myself  to  the 

4  will  of  God,  my  supreme  lord,  and  shall  wil- 
4  ltngly  and  patiently  suffer  whatsoever  it  shall 
4  please  your  majesty  to  afthct  inc  withal. 

*  Walteu  Raleigh.' 
Sir  Walter  Raleigii**  Letter  to  hit  Wife. 
4  You  shall  now  receive,  my  dear  wife,  my 
last  words  in  these  my  hist  lines.  My  love  1 
send  you,  that  you  may  keep  it  when  I  am 
dead;  and  my  counsel,  that  you  may  re- 
member it  wlu  n  I  am  no  more.  I  would  not 
by  my  Wdl  present  you  with  sorrows,  dear 
Besse,  let  them  go  into  the  grave  with  me, 
and  be  buried  in  (he  dust.  And  seeing  that 
it  is  not  God's  will  that  I  should  see  you  any 
more  in  this  life,  bear  it  patiently,  and  with  a 
heart  like  thyself.  First,  1  send  you  all  the 
thanks  whicn  my  heait  can  conceive,  or  my 
words  can  rehearse,  for  your  many  travails, 
and  care  taken  for  me;  which  though  they 
have  not  taken  effect  as  you  wished,  vet  my 
debt  to  you  is  not  the  less;  but  pay  it  \  never 
shall  in  this  world.  Secondly,  I  beseech  you, 
for  the  love  you  bare  me  living,  do  not  hide 
yourself  many  days,  but  by  your  travels  seek 
to  help  your  miserable  fortunes,  and  the  right 
of  your  poor  child.  Thy  mourning  cannot 
avail  me,  I  am  but  dust.  Thirdly,  you  shall 
understand  that  my  laud  was  conveyed  bona 
fide  to  my  child  :  the  Writings  were  drawn  at 
Midsummer  was  Vi  month?,  my  honest  cousin 
Breit  can  testify  so  much,  and  Doiberry  too 
can  remember  somewhat  therein.  And  I 
•rust  my  blood  will  quench  their  malice  that 
have  nuellv  murdered  me,  and  that  they  will 
not  s<-ck  .'.I so  to  kill  thee  and  thine  with  ex- 
treme poverty.  To  what  fiiend  to  direct  thee 
I  know  not,  for  all  mine  have,  left  me  in  the 
true  time  of  trial.  And  I  perceive  that  my 
de.it  i  was  determined  fro.n  the  first  day. 
Most  sorry  I  am,  God  knows,  that  being  thus 
surprised  with  death  1  ran  Irave  you  in  no 
better  estate.  God  is  my  witness,  I  meant 
you  all  my  other  of  wines,  or  all  th:it  I  could 
have  purchased  by  selling  ir,  half  inv  stuff, 
and  all  my  jewels,  but  some  one  for  the  boy; 
but  God  hath  prevented  all  toy  resolutions, 
that  great  God  that  rulcth  ail  in  all :  but  if 
you  can  live  free  from  w.tnt,  care  for  no  move, 
the  rest  is  but  vanity.  Love  God,  and  begin 
betimes  to  repose  yourself  upon  him,  and 
therein  shall  you  find  true  and  lasting  riches, 
and  endless  comfort :  tor  the  rest,  when  you 
have  travelled  and  wearied  vour  thoughts 
over  all  sorts  of  worldly  cogitation?,  you  shall 
but  tit  down  by  sorrow  in  the  end.    Teach 


4  your  son  also  to  love  and  fear  God  whilst  ho 
4  is  yet  young,  that  the  fear  of  God  may  grow 

*  with  him;  and  then  God  will  be  a  husband 

*  to  you,  and  a  father  to  him;  a  husband  and 
4  a  father  which  cannot  be  taken  from  you* 
4  Buily  oweth  me  200/.  and  Adrian  COO/,  in 
4  Jersey.  I  aho  have  much  owing  me  besides. 
4  The  arrearages  of  the  wines  will  pay  your 
4  debts.  And  howsoever  you  do,  for  my  soul's 
4  sake,  pay  all  poor  men.  When  I  am  gone,  no 
4  doubt  you  shall  be  sought  to,  for  the  world 
4  thinks  that  I  was  tery  rich.     But  take  heed 

*  of  the  pietcnces  of  men,  and  their  affections, 
4  for  they  last  not  but  in  honest  and  worthy 
4  men ;  and  no  greater  misery  can  be  fa  I  you  in 
4  this  life  than  to  become  a  prey,  and  after- 
'  wards  to  be  despised.  I  speak  not  this,  God 
4  knows,  to  dissuade  you  from  marriage,  for  ic 
4  will  be  best  for  you  both  in  respect  of  the 
4  world  and  of  God.  As  fur  me,  1  am  no  more 
4  yours,  nor  you  mine,  death  hath  cut  ns 
4  asunder ;  and  God  hath  divided  me  from  the 
4  world,  and  you  from  me.  Remember  your 
4  poor  child  tor  his  father's  sake,  who  chose 
4  you,  and  loved  you  in  his  happiest  times.  Get 
4  those  Letters,  if  it  he  possible,  which  I  writ 
4  to  the  lords,  wherein  I  sued  for  life :  God  is 
4  my  witness,  it  was  for  you  and  yours  that  I 
4  desired  life;  but  it  is  true  that  [disdained 
4  myself  for  begging  of  it :  for  know  it,  my  dear 
4  wife,  that  your  sou  is  the  son  of  a  true  man, 
4  and  who,  in  his  own  respect,  despiseth  death, 
4  and  all  his  misshapen  and  ualy  forms.  I 
4  cannot  write  much,  God  he  knows  how  hardly 
4  I  steal  this  time  while  others  sleep,  and  it  is 
4  also  time  that  I  should  separate  my  thoughts 
4  from  the  world.  Reg  my  dead  body,  which 
4  living  was  denied  thee ;  and  either  lay  it  at 
4  Sherburne  (and  if  the  land  continue)  or  in 
4  Exeter  church  by  my  father  and  mother.  I 
4  can  say  no  more,  Time  and  Death  call  me 
4  away;  the  everlasting,  powerful,  iutinite,  and 
4  omnipotent  God,  (hat  Almighty  God,  who  is 
4  goodness  itself,  the  true  life  and  true  light, 
4  keep  thee  and  thine,  have  mercy  on  me,  and 
4  teach  me  to  forgive  my  persecutors  and  accu- 
4  sers,  and  send  us  to  meet  in  his  glorious  king- 
4  dom.  My  dear  wife,  farewell.  Bless  my 
4  poor  boy.  Pray  for  me,  and  let  my  good  ( »od 
4  hold  you  both  in  his  anus.  Written  with  the 
4  dying  hand  of  sometime  thy  husband,  but 
4  now  alas  overthrown.      Walter  Rallich." 

His  Execution. 
Upon  Thursday  the  29th  of  Oct.  16W,  >jr 
Walter  Raleigh  whs  conveyed  by  the  Sheriffs  of 
London  to  a  scaffold  in  the  Old  Palace- Yard 
at  Westminster,  about  9  in  the  morning  of  the 
same  day.  Whereupon,  when  he  CHine,  with  a 
chearful  countenance  he  saluted  the  lords, 
knights,  and  gentlemen  thcie  present.  After 
which,  a  Proclamation  was  made  for  silence, 
and  he  addressed  himself  to  speak  in  this  man- 
ner, *  I  desire  to  be  home  withal,  for  this  is 
4  the  third  day  of  my  lerer ;  and  if  I  shall  sliew 
4  any  weakness,  I  beseech  you  to  attribute  it  to 
4  my  malady,  for  this  is  the  hour  in  which  it  is 
4  wont  to  come/ 


'     A 


♦1] 


STATE  TRIALS,  i  James  I.  10O3.-^br  High  Treason. 


[\'2 


Then  pausing  a  while,  he  sat,  and  directed 
himself  towards  a  window,  where  the  lords  of 
Arundel,  Northampton,  and  Doncaster,  with 
some  other  lords  and  knights,  sate,  and  spake 
a*  folio .veth:  •  I    thank  God,   of  his  infinite 

*  goodness,  that  he  hath  brought  me  to  die  in 
1  tlie  light,  and  not  in  darkness ;'  (but  by  reason 
that  the  place  where  the  lords,  &c.  sat,  was 
vrnie  distance  from  the  scaffold,  that  he  per- 
cwred   they  could  not  well  hear  him,  he  said) 

*  I  will  strain  my  voice,  for  I  would  willingly 
'  have  your  honours  hear  me.' 

But  my  lord  of  Arundel  said,  Nay,  we  will 
n*her  come  down  to  the  scaffold;  which  he 
and  tome  others  did.  Where  being  come,  he 
saluted  them  severally,  and  then  began  again 
to  speak  as  followeth,  vit. 

'  As  I  said,  I  thank  God  heartily,  that  he 
'  hath  brought  me  into  the  light  to  die,  and 
( that  he  hath  not  suffered  me  to  die  in  the  dark 
4  prison  of  the  TGwer,  where  I  have  suffered  a 
4  sreat  deal  of  misery  and  cruel  sickness ;  and  I 
4  thank  God  that  my  fever  hath  not  taken  me 
1  *t  this  time,  as  I  prayed  to  God  it  might  not. 
'  — "I  here  are  two  main  points  of  Suspicion  that 
'  hi*  majesty,  as  I  hear,  hath  conceived  against 

•  me.    To  rev>lve  your  lordships  wherein  his 

<  majesty  cannot  be  satisfied,  which  I  desire  to 
« clear,  and   to  resolve  your  lordships  of:  One 

<  i«,  Thnt  his  majesty  hath  been  informed  that 

•  I  have  often  had  Plots  with  France,  and  his 
;  majesty  had  good  reason  to  induce  him  there- 

•  unto.  One  Reason  that  his  majesty  had  to 
• « 'Mijectnre  so  was,  that  when  I  came  back 

•  train  Guiana,  being  come  to  Plymouth,  I  en- 

•  tb-atoured  to  go  in  a  bark  to  Rochel,  which 

•  »»\  for  tliat  I  would  have  made  my  peace 
'before  I  had   come  to  England.      Another 

•  reason  was,  That  upon  my  flight,  I  did  intend 
1  |o  fly  info  France,  for  the  saving  of  myself, 
4  feting  had  some  terror  from  above.  A  third 
«  rea*m,  that  his  majesty  had  reason  to  suspect, 
4  was  the  French  agent's  coming  to  me ;  be- 
1  tides,  it  was  reported  that  I  had  a  Commis- 
4  «■«  from  the  French  kins  at  my  going  forth  : 
•These  are  the  Reasons  that  his  majesty  had, 
'us  I  am  informed,  to  suspect  me. — But  (his  I 
'  **rv  for  a  man  to  call  God  to  witness  to  a 
■  fahhood  at  the  hour  of  death,  is  far  more 
4  pievou*  and  impious,  and  that  a  man  that  so 

•  (tab  cannot  have  salvation,  for  he  hath  no 

I  uuie  »f  repentance ;  then  what  shall  I  expect, 
'  that  am  going  instantly  to  render  up  my  ac- 
4  '-'itifit  f  I  do  therefore  call  God  to  witness,  as 

I I  hope  to  be  saved,  and  as  I  hope  to  see  him 
4  -n  his  kiiiiT'lom,  which  I  hope  1  shall  within 

•  t^»  quartt  r  of  an  hour,  I  never  had  any  Com- 
4  mttvon  from  the  French  king,  nor  never  saw 
4  the  French  king's  hand-writing  in  all  my  life ; 

•  neither  knew  I  that  there  was  a  French  Agent, 
4  nor  what  he  was,  till  I  met  him  in  my  gallery 

I  ■  at  my  lodging  unlooked  for  :  If  I  speak  not 
'  trot,  O  lord  !  let  me  never  enter  into  thy 
1  kingdom. — The  second  Suspicion  was,  That 

•  bs  majesty  had  been  informed,  thnt  I  should 
1  "peak  dishonourably  and  disloyally  of  my 
1  Kwereign ;  but  my  Accuser  was  abase  French- 


man, and  runnagate'fe How,  one  that  hath  nor 
dwelling,  a  kind  of  a  chymical  fellow,  one  that 
I  knew  to  be  perfidious;  for  being  by  him 
drawn  into  the  action  of  fearing  myself  !at 
Winchester,  in  which  I  confess  my  hand  was 
toucht,  he  being  sworn  to  secrecy  over-night," 
revealed  it  the  next  morning. — But  this  I 
speak  now,  what  have  I  to  do  with  kings  ?  I 
have  nothing  to  do  with  them,  neither  do  I 
fear  them ;  I  have  only  now  to  do  with  my 
God,  in  whose  presence  1  stand ;  therefore  to 
tell  a  lye,  were  it  to  gain  the  king's  favour, 
were  vain :  Therefore,  as  I  hope  to  be  saved 
at  the  last  Judgment-day,  I  never  spoke  dis- 
honourably, riisloyajly,  or  dishonestly  of  hit 
majesty  in  all  my  life ;  and  therefore  I  cannot 
but  think  it  strange  that  that  Frenchman,  be- 
ing so  base  and  mean  a  fellow,  should  be  so 
far  credited  as  he  hath  been. — I  have  dealt 
truly,  as  1  hope  to  be  saved,  and  I  hope  I  shall 
be  believed;  I  confess  I  did  attempt  to 
escape,  1  cannot  excuse  it,  but  it  was  only  to 
save  my  life. — And  I  do  likewise  confess, 
that  I  did  feign  myself  to  be  ill-disposed  and 
sick  at  Salisbury  ;  but  I  hope  it  was  no  sin,  for 
the  prophet  David  did  make  himself  a  fool,  and 
suifered  spittle  to  full  down  upon  his  beard,  to 
escape  from  the  hands  of  his  enemies,  and  it 
was  not  imputed  unto  him  :  So,  what  I  did,  I 
intended  no  ill,  but  to  gain  and  prolong  time 
till  his  majesty  came,  hoping  for  some  com- 
miseration from  Rim. — Rut  I  forgive  this ' 
Frenchman  and  sir  Lewis  Steuklev,  with  all ' 
mv  heart,  for  I  have  received  the  Sacrament 
this  morning  of  Mr.  Dean  of  Westminster, 
and  I  have  forgiven  all  men  ;  but  that  they 
are  perfidious,  I  am  bound  in  charity  to  speak, 
that  all  men  may  take  heed  of  them. — Sir 
Lewis  Steuklev,  my  keeper  and  kinsman, 
hath  affirmed  that  I  should  tell  him,  that  my 
lord  Carew,  and  my  lord  of  Doncaster  here, 
did  advise  me  to  escape;  but  I  protest  before 
God,  I  never  told  him  any  such  thing,  neither 
did  the  lords  advise  me  to  any  such  matter, 
neither  is  it  likely  that  I  should  tell  him  any 
such  thing  of  two  privy  counsellors;  neither 
lind  I  any  reason  to  tell  him  or  he  to  report 
it ;  for  it  is  well  known  he  left  me  6,  7,  8,  9, 
and  10  days  together  alone,  to  go  whither  I 
listed,  whilst  he  rode  himself  about  the  coun- 
try.— He  further  accused  inc,  that  I  should 
shew  him  a  Letter,  whereby  I  did  signify  unto 
him  that  I  would  give  him  10,000/.  for  my 
Escape  ;  hut  God  cast  my  soul  into  everlast- 
ing fire,  if  I  made  any  such  prolfer  of  10,000/. 
or  1000/.  but  indeed  I  shewed  him  a  Letter, 
that  if  he  would  go  with  me,  there  should  be 
order  taken  for  his-  Debts  when  he  was  gone; 
neither  had  I  iO-,000/.  to  give  him  ;  for  if  1  had 
had  so  much  I  could  have  made  my  peace  bet* 
ter  with  it  other  way,  than  in  giving  it  to  Steuk- 
lev.— Further,  When  I  came  to  sir  Edw.  Pel- 
ham's  house,  who  had  been  a  follower  of 
mine,  and  who  gave  me  good  entertainment ; 
he  gave  out  that  1  had  there  received  some 
dram  of  poison,  when  I  answered  him  that  I 
feared  no  such  thing,  for  1  was  well  assured 


43] 


STATE  TRIALS,  1  James  I.  1603.— Trial  <f  Sir  Walter  Raleigh, 


[44 


'  of  them  in  the  house,  and  therefore  wisht  him 
'  to  have  no  such  thought.  Now  God  forgive 
'  him,  for  I  do,  and  1  desire  God  to  forgive 
'  him :  I  will  not  only  say,  God  is  a  God  of 

*  Revenge ;  but  I  desire  God,  to  forgive  him, 
4  as  I  do  desire  to  be  forgiven  of  God.' 

Then  looking  over  his  note  of  remembrance, 

*  Well,  said  he,  thus  far  I  have  gone;  a  little 

*  more,  a  little  more,  and  I  will  nave  done  by 

*  and  by. —  It  was  told  the  king  that  I  was  brought 

*  per  force  into  England,  and  that  I  did  not  m- 
,'  tend  to  come  again  ;   but  sir  C.  Parker,  Mr. 

'  Tresham,  Mr.  Leake,  and  divers  know  how 
'  I  was  dealt  withal  by  the  common  soldiers, 
4  which  were  150  iu  number,  who  mutinied, 
'  and  sent  for  me  to  come  into  the  ship  to 
<  them,  for  unto  me  they  would  not  come,  and 
4  there  I  was  forced  to  take  an  Oath  that  I 
'  would  not  go  into  England  till  ttiat  they  would 
4  have  me ;  otherwise  they  would  have  cast  me 
'  into  the  sea,  and  therewithal  they  drove  me 
'  into  my  cabbin,  and  bent  all  their  forces 
'  against  me. — Now  after  I  have  taken  this 

*  Oath,  with  wine  and  other  things  such  as  I 
4  had  about  me,  I  drew  some  of  the  chiefest  to 
4  desist  from  their  purposes ;  and  at  length  I 

*  persuaded  them  to  go  into  Ireland,  which 
4  they  were  willing  unto,  and  would  have  gone 
'  into  the  North  parts  of  Ireland,  which  I  dis- 
4  suaded  them  from,  and  told  them  that  they 

*  were  Red-Shankes  that  inhabited  there :  and 
«  with  much  ado  I  persuaded  them  to  go  into 

*  the  south  parts  of  Ireland,  promising  them 
4  to  get  their  pardons,  and  was  forced  to  give 
'  them  125/.  at  Kinsalc,  to  bring  them  home, 
4  otherwise  I  had  never  got  from  them. — I  hear 

*  likewise  there  was  a  report  that  I  meant  not 
4  to  go  to  Guiana  at  nil,  and   that  I  knew  not 

*  of  any  Mine,  nor  intended  any  such  thing  or 
'  matter,  but  only  to  get  my  liberty,  which  I 
'  had  not  the  wit  to  keep.  Rut  1  protest  it 
'  was  my  full  intent,  and  for  Gold ;  lor  Gold, 
4  for  the  benefit  of  his  majesty  and  myself,  and 
'  of  those  that  ventured  and  went  with  mc, 
'  with  the  rest  of  my  countrymen  :  but  he  I  hat 
4  knew  the  head  of  the  Mine  would  not  disco- 
4  rer  it,  when  he  saw  my  son  was  slain,  but 
1  made  away  himself."  And  then  turning  to 
the  earl  of  Arundel,  be  said,  '  My  Lord,  being 
'  in  the  gallery  of  my  ship,  at  my  departure,  I 
'  remember  your  honour  took  me  by  die  hand, 

*  and  said,  You  would  request  one  thing  of  me, 

*  which  was.    That  whether  I   made   a  good 

*  voyage  or  a  bad,  I  should  not  fail,  but  to 
4  rtturu  again  into  England  ;  which  I  then  pro- 

*  miscd  you,  and  gave  you  my  faith  I  would; 
-  and  so  I  have.' 

To  which  my  Lord  answered,  and  said,  Tt  is 
true  I  do  very  well  remember  it,  they  were  the 
very  last  word)  I  spnkc  unto  you. 

*  Another  slander  was  raised  of  me,  That  I 
'  would  hare  gone  away  from  them,  and  left 
4  them  at  Guiana.     But  there  were  a  great 

*  many  worthy  men  that  accompanied  me  nl- 
4  ways ;  as  my  sen.  major,  George  Raleigh,  and 

*  divers  others,  which  knew  my  intent  was  no- 

*  thing  to.— 'Another  opinion  was  held  of  mc, 


(  that  I  -carried  with  mc  to  sea  16,000  pieces, 
'  and  that  was  alt  the  Voyage  I  intended,  only 
'  to  get  money  into  my  bunds.  As  I  shall  an- 
'  swer  it  before  God,  1  hud  not  in  all  the  world 
1  in  my  bands,  or  others  to  my  use,  either  di- 
(  rectly  or  indirectly,  above  a  100/.,  whereof 
4  wheo  I  went  I  gave  my  wife  'lol.  thereof; 
'  but  the  error  thereof  came,  as  I  perceived,  by 
'  looking  over  .the  Scrivener's  Books,  where 
1  they  found  the  Bills  of  Adventure  arising  to  a 
'  great  sum,  and  so  raised  that  false  report. — On- 
'  ly  I  will  borrow  a  little  time  of  Mr.  Sheriffs  to 
'  speak  of  one  thing,  that  doth  make  my  heart 
'  to  bleed  to  hear  that  such  an  imputation 
'  should  \ye  laid  upon  me;  for  it  is  said,  that  I 
4  should  be  a  persecutor  of  the  death  of  the 
'  earl  of  E«sex,  and  that  I  stood  in  a  window 
'  over-against  him  when  he  suffered,  and  puffed 
'  out  tobacco  in  disdain  of  him.  God  I  take  to 
1  witness,  I  shed  tears  for  him  when  he  died ; 
4  and  as  I  hope  to  look  God  in  the  face  hereaf- 
'  ter,  my  lord  of  Es«ex  did  not  see  my  face  when 
'  he  suffered,  for  I  was  afar  off  in  the  Armory, 
'  where  I  saw  him,  but  he  saw  not  me. — I 
(  confess  indeed  1  was  of  a  contrary  faction, 
1  but,  I  know  my  lord  of  Essex  waa  a  noble 
'  gentleman,  and  that  it  would  be  worse  with 
'  me  when  he  was  gone ;  for  I  cot  the  hate 
'  of  those  which  wished  me  well  before,  and 
1  those  that  set  me  against  him,  afterwards 
1  set  themselves  against  me,  and  were  my  great- 
'  est  enemies,  and  my  soul  hath  many  times  been 
'  grieved  that  I  was  not  nearer  him  when  he  died ; 
1  because,  as  I  understood  afterwards,  that  lie 
'  asked  for  me  at  his  death,  to  have  been  recon- 
'  ciled  unto  me. — And  these  be  the  material 
'  points  I  thought  good  to  speak  of,  and  I  am 
'  now  at  this  instant  to  render  up  an  account  to 
'  God  ;  nnd  I  protest,  as  I  shall  appear  before 
*  him,  this  that  I  have  spoken  is  true,  and  I  hope 
'  I  shall  be  believed.' 

'Then  a  Proclamation  being  made,  that  all 
men  should  depart  the  scaffold,  he  prejmred 
himself  for  death ;  giving  away  his  hat,  his  cap, 
with  some  money,  to  such  as  he  knew,  that 
stood  near  him.  And  then  taking  his  leave  of 
the  lords,  knights,  gentlemen,  and  others  of  his 
acquaintance,  and  amongst  the  rest,  taking  his 
leave  of  my  lord  of  Arundel,  he  thanked  him  for 
his  company,  and  intreated  him  to  desire  the 
king  that  no  scandalous  Writing  to  defame  hi  in 
might  be  published  after  his  death  ;  sayiug  fur- 
ther unto  him,  I  have  a  long  journey  to  go,  and 
therefore  I  will  take  my  leave. — And  then  put- 
ting off  his  doublet  and  gown,  desired  the  heads- 
man to  shew  him  the  ax ;  which  not  being  sud- 
denly granted  unto  him,  he  said,  I  prithe«,let 
me  see  it,  dost  thou  think  that  I  am  afraid  of 
it  ?  So  it  l>eing  given  unto  him,  he  felt  along 
upon  the  edge  of  it,  and  smiling,  spake  unto 
Air.  Sheriff,  saying,  *  This  is  a  sharp  medicine, 
but.  it  is  a  physician  that  will  cure  till  diseases.9 

Then  going  to  nnd  fro  upon  the  scaffold  on 
every  side,  he  intreated  the  company  to  pray  to* 
God  to  give  him  strength. 

Then  having  ended  his  Speech,  the  execu- 
tioner kneeled  down  end  asked  him  forgiveness; 


«1 


STATE  TRIALS,  1  James  I.  1 60S.— /or  High  Treason* 


l-M 


the  which  laying  his  hand  upon  his  shoulder  he 
forgave  him.  Then  being  asked  which  way  lie 
would  lay  himself  on  the  block,  lie  made  nuswer 
and  said,  So  the  lieort  be  straight,  it  is  no  mut- 
ter which  way  the  head  lieth:  So  laying  his 
head  on  die  block,  his  face  being  towards  the 
east,  tlie  headsman  throwing  down  his  own 
cloak,  because  he  would  not  spoil  the  prisoner's 
gowo,  he  giving  the  headsman  a  sign  when  he 
should  strike,  by  lifting  up  his  hands,  the  Exe- 
cutioner struck  off  his  head  at  two  blows,  his 
body  never  shrinking  nor  moving.  U  is  head 
was  shewed  on  each  side  of  the  scaffold,  and 
then  put  into  a  red  leather  bag,  and  his  wrought 
velvet  gown  thrown  over  it,  which  was  after- 
wards conveyed  away  in  a  mourning  coach  of 
his  lady's.— He  was  66  years  old. 

u  This  Conspiracy  of  sir  Walter  Raleigh's," 
writes  Bishop  Kennett  in  a  note  to  Wilson's 
Life  of  James  the  first,  "  is  variously  represent- 
ed by  the  Historians  and  Writers  of  that  time, 
but  acknowledged  by  all  of  them  to  have  been 
a  Riddle  of  State.  I  liave  seen  most  of  the  Ac- 
counts that  have  been  published  on  this  sub- 
ject ;  and  from  them  and  from  some  sheets  of 
Cecil  earl  of  Salisbury,  and  a  Manuscript  of  one 
Buck,  who  it  seems  was  secretary  to  Chancellor 
Egerton,  I  take  the  case  to  have  been  this  : — 
The  earl  of  Salisbury  and  sir  Wulter  Raleigh  had 
been  open  and  declared  enemies  of  the  unhappy 
earl  of  Essex,  and  the  chief  promoters  of  his  ruin : 
Though  king  James  could  easily  digest  the  death 
of  queen  Mary  Stuart  his  mother,  it  is  noto- 
riously known  he  nerer  heartily  forgave  any  of 
Essex's  enemies;  which  both  Cecil  and  Raleigh 
were  aware  of,  but  took  contrary  measures  to 
avoid  his  resentment.  Raleigh  trusting  in  the 
justice  of  his  procedure  in  that  affair,  made  no 
steps  towards  the  making  his  peace  with  her 
successor,  contenting  himself  with  the  favour  of 
that  mistress  who  raised  hiiu,  which  he  enjoyed 
to  her  death.  On  the  contrary,  Cecil,  by  ilie 
mediation  of  Hume,  that  was  afterwards  earl  of 
Dunbar,  had  been  long  before  entirely  recon- 
ciled to  king  James,  had  done  him  important 
services,  and  kept  a  correspondence  with  him, 
while  queen  Elizabeth  was  alive. — When  king 
Janes  came  into  England,  Cecil  was  not  only 


continued  in  his  places,  but,  contrary  to  all 
men's  expectations,  was  indeed  made  the  first 
minister  of  state,  and  Raleigh  neglected.  The 
latter  knowing  the  former  to  be  at  least  equally 
concerned  with  him  in  the  fall  of  Essex,  his 
great  mind  could  not  bear  the  distinction  made 
between  them  by  their  new  master ;  and  the 
rather,  that  Cecil  acted  the  courtier,  in  frown- 
ing upon  his  old  friend  and  acquaintance,  and 
giving  him  fresh  mortifications  upon  every  occa- 
sion. In  Buck's  Manuscript  there  is  mentioned 
a  Memorial  of  Raleigh's  to  king  James,  where- 
in hte  reflects  heavily  upon  Cecil  in  the  matter 
of  Essex,  and  vindicating  himself,  throws  the 
whole  blame  upon  the  other.  At  the  end  of 
that  Memorial,  he  lays  open  the  conduct  of 
Cecil  and  his  father  the  lord  Burleigh,  in  the 
matter  of  queen  Mary  Stuart,  and,  with  a  sin- 
gular bitterness  of  style,  not  only  vindicates  the 
memory  of  queen  Elizabeth,  but  lays  the  death 
of  that  unfortunate  queen  chiefly  at  the  door  of 
Cecil  and  his  father  ;  for  which  he  appeals  to 
Davison,  then  in  prison,  the  man  that  had  dis- 
patched the  Warrant  for  her  Execution,  con- 
trary to  queen  Elizabeth's  express  command. 
All  this  had  no  influence  on  king  James,  and 
irritated  Cecil  the  more  against  Raleigh;  which 
helped  to  sour  a  temper  that  of  itself  was  impa- 
tient of  injuries,  and  for  all  his  other  excellent 
qualities,  was  not  fitted  for  this  reverse  of  for- 
tune.— This^brought  him  into  the  acquaintance 
and  familiarity  of  other  men,  as  discontented 
as  himself,  though  of  different  religions  and  in- 
terests; and  occasioned  probably  more  dis- 
courses than  one,  of  having  recourse  to  foreign 
powers-  to  mend  their  present  fortunes.  It  is 
also  not  unlikely,  that  the  lady  Arabella's  name' 
might,  upon  these  occasions,  be  mentioned  by 
sir  Walter  Raleigh,  as  one  that  had  a  near  title 
to  the  crown :  but  that  he  ever  entered  into 
any  form  or  design  of  altering  the  established 
religion,  (as  was  said  at  his  Trial)  no  body  then 
nor  since  did  ever  believe." 

The  eminent  merits,  high  reputation,  and  un- 
common fate  of  sir  Walter  Raleigh,  together 
with  the  obscurity  of  the  transactions  con- 
cerning lum,  will  justify  the  insertion  of  the 
following  Articles  which  tlirow  light  on  his  in- 
teresting story  : 


Two  Letters  of  Sir  Dudley  Carleton  (afterwards  Viscount  Dorchester)  concerning 
Sir  Walter  Raleigh's  Plot  ;  inclosed  in  the  following  Letter  from  Mr.  Dudley 
Carleton  to  Philip  Lord  Wharton. 

[Extracted  from  the  Hardwicke  State  Papers,  vol.  1.  p.  377.] 


MY  noble  lord ;  The  two  letters  inclosed  are 
those,  of  which,  when  I  told  your  lordship,  you 
shewed  yourself  very  desirous  to  hare  sight  and 
therefore  I  have  sent  them  to  you.  That  Dud- 
ley Carleton,  whose  name  you  will  find  sub- 
scribed to  them,  was  my  uncle,  who  died  secre- 
tary to  bis  late  majesty,  who  had  likewise  ho- 
noured him  with  the  title  of  viscount  Dorches- 
ter; and  I  suppose  too  knew  him.  He  was,  ai 
tbttnaehe  wrote  them,  secretary  to  my  lord 


of  Northumberland's  father,  and  both  an  ear 
and  eye  witness  of  most  that  passed  in  the  Ar- 
raignment and  Execution  at  Winchester,  in 
anno  1603.  I  wish  they  may  serve  your  Lord- 
ship to  such  use  as  you  desire ;  and  if  I  could 
give  you  any  farther  light,  I  should  be  most 
ready  to  serve  you,  as  being  your  Lordship's, 
&c.  Dudley  Carleton 

•*  London,  • 
Feb.  14th,  1651. 


47] 


St  ATE  TRIALS,  1  James  I.  1003.— Trial  qf  Sir  Walter  Raleigh, 


[4» 


Sir  Dudley  Carleton,  to  Mr.  John  Chamber- 
lain. 

Sir;  I  was  taking  care  .how  to  send  unto 
you,  and  little  looked  for  so  e;ood  a  mems  as 
your  man,  who  came  to  me  this  morning  ;  and 
though  he  would  in  all  haste  he  gone,  I  have 
stayed  him  this  night,  to  have  time  to  discourse 
unto  you  these  tragical  Proceedings.  I  was 
not  present  at  the  first  or  second  Arraignment, 
wherein  Brooke,  Mark  ham,  Brookes  by,  Copley, 
and  the  two  Priests  were  condemoed,  tor  prac- 
tising the  surprize  of  the  king's  Person,*  the 
taking  of  the  Tower,  the  deposing  of  Counsel- 
lors, and  proclaiming  Liberty  of  Religion. 
They  were  ail  condemned  upon  their  own  Con- 
fessions, which  were  set  down  under  their  own 
bands,  as  Declarations ;  and  compiled  with 
such  labour  and  care,  to  make  the  matter  they 
undertook  seem  very  feasible,  as  if  they  had 
feared  they  should  not  say  enough  to  hang 
themselves.  Pirra  was  acquitted,  being  only 
drawn  in  by  the  priests  as  an  assistant,  without 
knowing  the  purpose ;  yet  had  be  gone  the 
same  way  as  the  rest  (as  it  is  thought),  save 
for  a  word  the  lord  Cecil  cast  in  the  way  as  his 
cause  was  in  handling,  That  the  king's  glory 
consisted  as  much  in  freeing  the  innocent,  as 
condemning  the  guilty. 

The  Commissioners  for  this  Trial  were,  the 
Lord  Chamberlain,  lord  of  Devon,  lord  Henry 
Howard,  lord  Cecil,  lord  Wottou,  the  Vice 
Chamberlain,  the  two  Chief  Justices,  J  us r  ice 
Gawdy,  and  Warburton.  Of  the  King's  Coun- 
cil, none  were  employed  in  that,  or  the  arraign- 
ment, but  the  Attorney  (Coke,)  Ileale,  and 
Philips;  and  in  effect,  none  but  the  Attorney. 
Sir  Walter  Raleigh  served  for  a  whole  act,  and 
played  all  the  parts  himself.  His  cause  was 
disjoined  from  the  Priests,  as  being  a  practice 
ouly  between  himself  and  the  lord  Cobhani,*  to 
have  brought  in  the  Spaniard,  to  have  raised 
Rebellion  iu  the  realm,  by  fastening  money 
Upon  discontents,  to  have  set  up  the  lady  Ara- 
bella, and  to  have  tied  her  to  certain  condi- 
tions ;  as  to  have  a  perpetual  peace  with 
Spain ;  not  to  ha\e  bestowed  herself  in  mar- 
riage but  at  the  direction  of  the  Spaniard  ;  nnd 
to  have  granted  Liberty  of  Religion.  The  Evi- 
dence against  him,  was  only  Cobham*s  Confes- 
sion, which  was  judged  sufficient  to  condemn 
him ;  ami  a  Letter  ,was  produced,  written  by 
Cobhani  the  day  before,  by  which  he  accused 
Ralegh  as  the  first  pracri^er  of  the  Treason  l»e- 
twixt  them  :  which  served  to  turn  ngaiusi  him; 
though  he  shewed,  to  countervail  this,  a  Letter 
written  by  Cobhani,  and  delivered  to  him  in 
the  Tower,  by  which  he  was  clearly  acquitted. 
After  Sentence  given,  his  request  was,  to  have 
his  Answers  related  to  the  king,  and  pardon 
begged;  of  which,  if  there  were  no  hope,  then 
that  Cobham  might  die  first.  He  answered 
with  that  temper,  wir,  learning,  courage  and 
judgment,  thut  save  that  it  went  with  the  hazard 

*  It  does  not  appear  whut  proceedings  had 
be%U  had  against  Cobham. 


of  his  life,  it  was  the  happiest  day  that  ever  he 
spent.  And  so  well  he  shifted  all  advantages 
that  were  taken  against  him,  that  were  not 
fama  malum  graviui  qu&rn  res,  and  an  ill  name 
naif  hanged,  in  the  opinion  of  all  men,  he  had 
been  acquitted. — The  two' first  that  brought  the 
news  to  the  king,  were  Roger  Ash  ton  and  a 
Scotchman;  whereof  one  affirmed,  That  never 
any  man  spoke  so  well  in  times  past,  nor  would 
do  in  the  world  to  come ;  and  the  other  said, 
That  whereas  wheu  he  saw  liiin  first,  he  was  so 
led  with  the  common  hatred,  that  he  would  have 
gone  a  hundred  miles  to  have  seen  him  lianged, 
he  would,  ere  he  parted,  have  gone  a  thousand 
to  have  saved  his  life.  In  one  word,  never  was 
man  so  hated,  and  so  popular,  iu  so  short  a 
time.  It  was  thought  the  lords  should  have 
been  arraigned  on  Tuesday  lust,  but  they  were 
put  off  till  Friday  and  Saturday ;  and  had  their 
trials  apart  before  the  Lord  Chancellor  (Elles- 
mere,  as  Lord  Steward  for  both  those  days), 
-  eleven  earls,  nineteen  barons.  The  duke*,  the 
earl  of  Marr,  and  many  Scotish  lords,  stood  as 
spectators ;  and  of  our  ladies,  the  greatest  part, 
as  the  lady  Nottingham,  the  lady  Suffolk,  and 
the  lady  Arabella,  who  heard  herself  much 
spoken  of  these  days.  But,  the  arraignment 
before,  she  was  more  particularly  remembered, 
as  by  sir  Waiter  Raleigh,  for  a  woman,  with 
whom  he  had  no  acquaintance,  and  one,  whom, 
of  all  that  he  ever  saw,  he  never  liked  ;  and  by 
Serj.  Hale,  as  one  that  had  no  more  right  to  the 
crown  than  himself ;  and  for  any  claim  that  he 
had  to  it,  he  utterly  disavowed  it.  Cobha.n  led 
the  way  on  Friday,  and  made  such  a  fasting 
day's  piece  of  work  of  it,  that  he  discredited 
the  place  to  which  he  was  called  ;  nrver  was- 
seen  so  poor  and  abject  a  spirit.  He  heard  his 
indictment  with  much  fear  aud  trembling,  and 
would  sometimes  interrupt  it,  by  forswearing 
what  he  thought  to  be  wroi  g)y  inserted  ;  so  as, 
by  his  fashion,  it  was  known  ere  he  spake,  what 
he  would  confess  or  den  v.  Iu  his  first  answer, 
he  snid,  he  had  changed  his  mind  since  he  came 
to  the  bar ;  for  whereas  he  came  with  an  inten- 
tion to  have  made  his  confession,  without  deny- 
ing any  thing,  now  seeing  many  things  inserted 
in  this  indiciinent  with  which  he  could  not  be 
i  charged,  being  not  able  in  one  word  to  make 
!  distinction  of  many  parts,  he  must  plead  to  all 
!  not  guilty.  For  any  thing  that  belonged  to  the 
■  lady  Arabella,  hedeuied  the  whole  accusation; 

•  only  said,  she  had  sought  his  ii  ieudship,  and 

•  his  brother  Brooke  had  sought  Iter's.  For  the 
!  other  purposes,  he  said,  he  had  hammered  in  his 
!  brains  some  such  imaginations  :  but  never  had 

purpose  to  bring  them  to  effect.  Upon  Ra- 
leigh, he  exclaimed  as  one  who  had  stirred  him 
\  up  to  discontent,  and  thereby  overthrown  his 
;  fortunes.  Against  liim  he  said,  that  he  had 
|  once  pro|KHinded  to  him  a  means  for  the  Spa- 
j  niard  to  invade  England,  which  was,  to  bring 
I  down  an  army  to  the  Groyne,  under  pretence 
!  to  send  them  into  the  Low  Countries,  and  land 
'  them  at   Milford  Haven  :  that  lie  had  made 

*  Of  Lenox,  then  (lie  only  one  of  that  degree* 


40] 


STATE  TRIALS,  1  James  I.  1603.— /or  High  Treason. 


[50 


himself  a  pensioner  to  Spain  tor  1500  crowns  I  seemed)  have  dispensed  with  their  consciences 

1ft  •  •  i  I  *  m  ^  •  •  la*/*  *  1 


by  the  year,  to  give  intelligence  ;  anc ,  for  an 
earnest  of  his  diligence,  had  already  related 
to  the  Count  D'Axemberg,  the  particularities 
of  what  passed  in  the  states  audiences  at  Green- 
wich. His  brother's  confession  was  read 
against  him,  wherein  be  accused  him  of  a  con- 
tract made  with  Aremberg  for  500,000  crowns 
to  bestow  amongst  discontents,  whereof  Raleigh 
wa*  to  have  had  10,000,  Grey  as  much,  and 
Brooke  1000 ;  the  re»t,  ns  they  should  tind  fit 
■en  to  bestow  it  on.  He  excepted  against  his 
brother  as  an  incompetent  accuser,  baptizing 
Lua  with  the  name  of  a  viper;  and  laid  to  his 
charge  (though  far  from  the  purpose)  the  getting 
vi  his  wife's  sister  with  child ;  in  which  it  is 
thought  he  did  young  Coppinger  some  wrong. 

A  letter  was  produced  which  he  wrote   to 
Aremberg's  for   so  much  money:  and  Arem- 
berg** answer,  consenting  for  the  furnishing  of 
that  sum.     He  then  flew  to  his  former  retreat, 
that  in  this  likewise  he  had  no  ill  meaning,  and 
cicused   Aremberg  as  one  that  meant  only 
thereby  to  further  the  peace.     When  particu- 
larities were  farther  urged,  that,  in  his  intended 
travel,   he   meant  to  have  gone  into  the  Low 
Countries  to  the  archduke;  from  thence  into 
Savoy :  so  into  Spain  ;  then  have  returned  by 
Jersey  ;  and  there  to  have  met  lialeigh,  and  to 
have  brought  some  money  from  the  well-spring 
»hcre  it  was  to  be  hud,  ho  confessed  imagina- 
tions, but  no  purposes ,  and  still  hud  the  fault 
oprn  hi?  own  weaknesses,   in  that  lie  suffered 
kuiMrlf  to  be  misled  by  lialeigh.     Being  asked 
of  his  two  letters  to  different  purposes,  the  one 
excusing,  the  other   condemning;  Kaleigh ;  he 
feud,  i lie  last  was  true,  but  the  other  was  drawn 
fruui  him  by  device  in  the  Tower,  by  young 
ILrvty  the   lieutenant's  sou,    whom   Raleigh 
had  corrupted,  and  carried  intelligence  betwixt 
tkem  (fur  which  he  is  there  committed,  and  is 
likely  to   be    arraigned  at  the   Kiug's-bcnch). 
hating   thus  accused  all  his   fiicmJs,   and  so 
little  excused  himself,  the  peers  were  not  long 
ia  deliberation  what  tojud^e;  and  after  sen- 
tence  of   condemnation   given,    he   begged    a 
freat  while  for  life  and  favour,  alleging  his  con- 
fession a*  a  meritorious  act.     Grey,   quite  in 
another  key,  began  with  great  assurances  and 
aJauity:  spake   a  long  and    eloqm  nt  speech, 
first  to  the  lords,  and  then  to  tl»e  judges,   and 
h»ti)  to  the  king's  council ;  and  told  them  well 
of  their  charges,  and  spake  effectually  for  him- 
self.    He  he  Id  tlium  the  whole  day,  from  ei^ht 
ia  the  morning  till  eight  at  night,  in  subtle  tru- 
iei>es   an  i scapes ;  but  the  evidence  was  too 
perspicuous,  both  by  BruokeV  and  ~\!uikham's 
r-'jhteskioii*,  that  h-   w;.s  acquainted   with   the 
lurprtte;*    Vet    the  lord**  were   lonjj  ere    they 
CHiidali  agree,  ami    loth  to    ci.iue  out  with  bo 
hirdceueurc  aeniji*t  him.     For  though  he  had 


to  have  shewed  him  favour.  At  the  pronounc- 
ing of  the  opinion  of  the  lords,  and  the  de- 
mand whether  he  had  any  thing  to  .sny  why 
sentence  of  death  should  u-.»t  he  given  against 
him,  these  only  were  his  words,  "  1  have  no- 
ting to  say;'  there  he  paused  long;  '.'  and  yet 
a  word  of  Tacitus  comes  in  my  mind,  fifon 
eadem  omnibus  decora :  the  house  of  the  Wil- 
tons had  spent  many  lives  in  their  prince's  ser- 
vice, and  Grey  cannot  beg  his.  God  send  the 
king  a  long  and  prosperous  reign,  and  to  your 
lord  si  up*  all  honour." 

After  sentence  given,  he  only  desired  to  have 
one  Travers,*  a  divine,  sent  for  to  come  to 
him,  if  he  might  live  two  days.  If  he  were  to 
die  before  that,  then  he  might  have  one  Field, 
whom  he  thought  to  be  near.  There  was 
great  compassion  had  of  this  gallant  young 
lord ;  for  so  clear  and  fiery  a  spirit  had  not 
been  seen  by  any  that  had  been  present  at  like 
trials.  Yet  the  Lord  Steward  condemned  his 
manner  much,  terming  it  Lucifer's  pride,  and 

fireached   much   humiliation  ;  and   the  judges 
iked  him  as  little,  because  he  disputed  with 
them  against  their  laws.     We  cannot  yet  judge 
what  will  become  of  him  or  the  rest ;  for  all 
are  not  like  to  go  one  way.     Cobham  is  of  the 
surest  side,  for  he  is  thought   least  dangerous, 
and  the  lord  Cecil  undertakes  to  be  his  friend. 
They  say  the  priests  shall  lead  the  dnnce  to-' 
morrow;  and  iirooke  next  after  :  for  he  proves 
to  be  the  knot  that  tied  together  the  three  con- 
spiracies ;  the   rest    hang    indifferent  betwixt 
mercy  and  ju>ticc,  wherein  the  king  hath  now 
subject  to  practise  himself.     The  lords  are  most 
of  them   returned    to   the   court.     The  Lord 
Chancellor    und    Treasurer   remain     here    tdl 
Tuesday,  to  bhnt  up  the  term.     My  lord  goetli 
from  her.ee  to  I'rt  worth  ;  but  I  pick  quarrel  to 
stay  behind,   to   «»ee  an  end  of  these  matter*. 
I  do  call  to  n.ind  a  pretty  secret,  that  the 
lady  of  P<  -iiibioke  hath  written  to  her  son  Philip, 
and  charged   him,  of  nil  her   blessings,  to  em- 
ploy his  own  credit,  his  friends,  and  all  he  can 
(\of  for  Its  high's  pardon  :  and  though  she  does 
little  good,  u-t  she  :.-  to  be  commended  for  do- 
ing her  hot,  in  shewing  ve teria  ve$t't»ia  tlan,m<r. 
And  thus  being  como  round  where  1  began,  it 
is  time  to  ljave-  you,  de.-iring  you  to  excuse  me 
to  my  ciuhu  sir  Him  land  Litton,  for  not  writ- 
ing;  ami  m»  yuu  we'd  may,  for  \ou  have  enough 
for  yourself  and  all  my  kindred  and  friends,  to 
make  you  alt   weary.     Sir  \V:-l»er  Cope  \*>   in 
tliii    town,    and    sir     Hugh     Bv>ti*-n     likewise, 
who   often    asks   for  voii    as   Your   friend,  and 
then  lore   v.^u  arc  the  more  to  lament  that   he 
is  niitime!\  come  to  a  night-cup.      Many  marvel 
at  his  sudden  hr-.».»kiiii:,  but  most  ascribe   it  to 


sithiH' r!:t   W*  took  a1  a  word  which  sir  Walter 
Ituleijili  spoke  ;.t  hi>  examinations  :   who  asked 


lonu  heavy  enenu<>,  as  his  old  antagonist,  wl.o  i   if  sir  Uui-h  IitM-.n  w.isii'rt   apprehended  and 

tortured,  h-  coi.-c  In*  was  always  of  his  chiefesC 
council.  1  -hall  ne\er  end,  unless  I  abruptly 
hi. I  vim  fs-rewi-l.      From  \\  mcluMer,  the   27th 

<l  A  Puritan,  the  antagonist  of  Hooker, 


was  uiuie  bi-tuiv    his   face,   hut   spake    within  j 
terv  nnnobly   against  him  ;  yet  mo>l  of  them 
itrote  with  themselves,'  and  would  fain  (us  it 


P  Of  the  court. 


ma.  m 


51] 


STATE  TRIALS,   1  James  I.   1  COS.— IVial  of  Sir  Walter  Raleigh, 


[53 


of  November,    1GU3.     Your's,  &c.     Dldlly 
La.rlf.tok.* 

The  Same  to  the  Same. 

Sir :  I  know  not  when  or  bow  to  send  to  von ; 
yet  here  happening  an  accident  worth  your 
knowledge,  1  cannot  but  put  it  in  record  whilst 
tlie  memory  of  it  is  fres.h  ;  and  tor  the  rest, 
*tu:»d  to  the  venture,  ihit  because  1  have 
taken  a  time  of  good  leisure.  and  it  is  likely 
this  letter  will  take  his  leisure,  ere  it  come  at 


tory  denial.  The  bishop  of  Chichester  had 
soon  done  what,  he  came  tor, finding  in  Cobham 
a  willingness  to  die,  and  readiness  to  die  well; 
with  purpose  at  his  death  to  affirm  as  much  as 
he  had  said  against  Raleigh;  but  the  other 
bishop  had  more  to  do  with  his  charge;  for 
though,  for  his  conscience,  he  found  him  well 
settled,  and  resolved  to  die  a  Christian  and  a 
good  Protectant,  for  the  point  or'  confession,  he 
found  hitn  so  strait-laced,  that  he  would  yield 
to  no  p:ut  of  Cobhnm's  accusation;  only,  the 


I 


,'ou;  I  may  as  well  leap  in  where  I  left,  when  ]  pension,   he   said,  was  once   mentioned,    but 


wrote  to  you  by  your  man,  and  proceed  in  an 
order  by  mrration- ;  since  this  was  a  part  of 
the  same  play,  and  that  other  nets  came  be- 
twixt, to  make  up  a  tragical  comedy. 

The  two  priests  that  led  the  way  to  the  exe- 
cution, were  very  bloodily  handled ;  for  they 
were  both  cut  down  alive;  and  Clarke,  to 
whom  more'favour  was  intended,  had  the  worse 
Luck ;  for  he  both  strove  to  help  himself,  and 
spake  after  he  was  cut  down.  They  died 
boldly  both ;  and  Watson  (as  he  would  have  it 
seem)  willing  :  wishing  he  had  more  lives  to 
spend,  and  on**  to  lose,  for  every  man  he  had 
bv  his  treachery  drawn  into  tliis  treason.  Clarke 
stood  sojntv.ti.it  upon  his  justification,  and 
thought  he  had  hard  measure:  but  imputed  it 
to  his  function,  and  therefore  thought  Jus  death 
meritorious,  as  a  kind  of  martyrdom.  Their 
quarters  were  set  on  Winchester  gates,  and 
their  heads  on  the  first  Tower  of  the  castle. 
Brooke  was  beheaded  in  the  castle-yard,  on 
Monday  last;  and  to  double  his  grief,  hid  Sr. 
Croft es  in  hi*  sight,  from  the  Lcau'ohl,  which 
drove  him  first  to  discontent*.  There  was  no 
greater  assembly  than  I  h«i\e  seen  at  ordinary 
executions;  nor  no  man  of  miality  more  than 
the  lord  of  Arundel  and  young  Somerset;  only 
the  biihop  of  Chichester  who  was  sent  from  the 
court  two  days  before,  to  prepare  him  to  his 
end,  could  not  get  loo.-^e  from  him;  but,  by 
Brooke's  earnest  entreaty  was-  fain  to  accom- 
pany him  to  the  scaffold,  and  serve  for  his 
ghostly  father,  lie  died  coi^tantly  (and,  to 
terming,  religiously) ;  spake  not  much ;  hut 
v  liar  he  said  was  well  and  assured.  He  did 
somewhat  extenuate  his  oitences,  both  in  the 
treasons,  and  the  course  of  his  life;  naming 
rhese  rather  errors  than  capital  crimes ;  and  his 
former  faults,  sins;  but  not  so  heinous  as  thev 
were  traduced  ;  which  he  referred  to  the  God 
of  truth  and  time  to  discover ;  and  so  left  it,  as 
it*  somewhat  lay  yet  hid,  which  would  one  day 
appear  for  his  justification.  The  bishop  went 
from  him  to  the  lord  Cobham :  and  at  the  same 
lime,  the  bishop  of  Winchester  was  with  lta- 
lcigh:  both  by  express  order  from  the  kinc  ;  us 
well  to  pn-paie  them  for  their  ends,  as  likewise 
to  bring  them  to  liberal  confc^iosn,  and  by 
that  means  reconcile  the  roiitiadictimis  of  the 
one's  open  nrciivuliiiu,  and  the  other's  peremp- 

*  This  Letter  contains  otiier  matter,  which 
i*  not  here  inserted  a>  having  no  relation  to 
Raleigh  or  his  associates. 

t  Missing,  I  suppose,  the  mastership. 


never  proceeded  in.  Grey  in  the  mean  time, 
with  his  minister  Field,  having  had  the  like 
summons  for  death,  spent  his  time  in  great  de* 
votions;  hut  with  that  careless  regard  of  that 
with  winch  he  was  threatened,  that  he  was  ob- 
served neither  to  eat  or  sleep  the  worse,  or 
be  any  ways  distracted  from  his  accustomed 
fashions.  Markh.un  was  told  he  should  like* 
wise  die:  but  by  secret  message  from  soma 
friends  at  court,  had  still  such  hope  given  him, 
that  he  would  not  believe  the  worst  news  till 
the  last  day ;  and  though  he  could  be  content 
to  talk  with  the  pieacher  which  was  assigned 
him,  it  was  rather  to  pass  time,  than  for  any 
good  purpose;  for  he  was  catholicly  disposed; 
to  think  of  death  no  way  disposed.  Whilst 
these  men  were  so  occupied  ut  Winchester, 
there  was  no  small  doings  about  them  at  court, 
for  life  or  death;  some  pushing  at  the  wheel 
one  way,  some  another.  The  lords  of  the 
council  joined  in  opinion  and  advice  to  die 
king,  now  in  the  beginning  of  his  reign  to  shew 
as  well  examples  ot  mercy  as  seventy,  and  to 
i»a:n  the  tit:e  of  Clemens,  us  well  as  Justus; 
hut  some  other.*,  h-d  by  their  private  spleen  and 
pa&sinns,  drew  :m  hard  the  other  way;  and 
Patrick  Galloway,  in  his  sermon  on  Tuesday, 
preached  so  hotly  against  remissness  and  mode- 
ration of  justice,  in  the  head  of  justice,  us  if  it 
were  one  of  the  seven  deadly  sins.  The  king 
field  hiimcif  upriuht  betwixt  two  waters:  and 
first  let  the  lords  know,  that  since  the  law  had 
passed  upon  the  prisoners,  and  that  they  ihcm- 
sehes  had  been  their  judges  it  became  not 
them  to  be  petitioner*  lnr  ih.it,  but  rather  to 
press  for  execution  of  their  own  ordinances; 
and  to  others,  gave  as  pood  reasons,  to  let  them 
know  that  he  would  go  no  whit  the  faster  for 
their  driving;  hut  would  be  led  as  his  own 
judgment  and  utl'eclious  would  mo\e  him  ;  but 
seemed  rather  to  lean  to  this  side  than  the 
other,  bv  the  care  he  took  to  have  the  law  take 
h'b  coi.r.-e,  and  tl.e  execution  lifted. 

Warrants  v. ere  signed,  and  sent  to  sir  Benja- 
min T.chLornv,  on  Wednesday  last  at  night,  tor 
Ah.iklam,  Grey,  and  Cohham,  who  in  thin 
ord«  r  were  to  take  their  turns,  as  yesterday, 
heiiii:  l'ridav,  aboi:t  ten  ofthe  chick.  A  fouler 
day  could  ba«dl\  have  bven  picked  out,  or 
lifter  ii«r  such  a  tr::'::--dy.  .Mark ham  being 
bio'.i'jhl  to  the  Muii'oM,  was  much  dismayed, 
imd  t'uiiipLiii.i  d  much  of  his  hard  hap,  to  be 
deluded  with  hope*,  and  brought  to  that  place 
mi  prepare  it.  One  mivht  see  in  his  face  the 
very  picture  of  sorrow  :  but  he  seemed  not  tQ 
1 


11]  STATE  TRIALS,  1  James  I.  lOol.— for  High  Tnason.  [54 

want  resolution ;  tor  a   napkin   being  offered  |      He  was  stayed  by  the  sheriff,  and  told,  that 
by  a  friend  that  stood  by,  to  cover  his  face,  he  ,  there  resteth  yet  s>omew  hat  else  to    be   done  ; 
threw  it  away,  saying,  he  could  look  upon  death  i  fur.  that  he  was   to  be  confronted  with   some 
with  >ut    blushing.      He   took   leave  of  some    other  of  the  prisoners,  but  named  none.     So  as 
fhends  Ur.it  stood  near,  and  betook  himself  to  '  Grey  and  Mark  ham  being;  brought  buck  to  the 
he  devotions,   after  his  manner;  and    those  'scaffold,  as  they  then   were,  but  no  tiling  ac- 
eaded,   prepared  himself  to   the  block.    The    quainted  with  what  had  pussed,  no  more  than 
sheriff,  iu   die  mean   time,  was  secretly  with*  '  the  lookers-on  with  what  should  follow,  looked 
drawn,  by  one  John  Gib,  a  Scotch  groom  of    strange  one  upon  the  other  like  men  beheaded, 
the  bedchamber  ;    whereupon    the  execution    and  met. again  in  the  other  world.     Now  all 
«u  stayed,  and  Markham  left  upon  the  scaffold  ;  the  actors  beintr  together  on  the  stage  (as  use 
t)  entertain  his  own  thoughts,  wi.-ich,  no  doubt,  j  is  at  the  end  of  a  play,)  the  sheriff  made  a  short 
were  as  melancholy  as  his  countenance,   sad    speech  unto  them,  by  way  of  the  interrogatory 
and  heavy.     The  sheriff,  at  his  return,  told    of  the  heinousuess  of  their  offences,  the  justness 
him,  that  since  he  was  so  ill  prepared,  he  should    of  their  trials,  their  lawful  condemnation,  and 
jet  have  two  hours  respite,  so  led  him  from  the  !  due  execution  there  to  be  performed  ;  to  all 
scaffold,  without  giving  him  any  more  comfort,  \  which   they  absented  ;  then,  saith  the  sheriff, 
and  locked  him  into  the  great  ha'l,   to  walk    see  the  mercy  of your  prince,  who,  of  himself, 
with  prince  Arthur.    The  lord  Grey,  wtuse  |  hath  sent  luthor  to  countermand,  and  given  yoa 
turn  was  next,  was  led  to   the  scaffold  by  a  '  your  lives.     There  was  then  no  need  to  beg  a 
troop  of  the  young  courtiers,   and  was  sup-  !  plaudite  of  the  audience,  for  it  was  given  with 
ported  on  both  sides  by  two  of  his  he-t  friends ;    such  hues  and  cries,  that  it  went  from  the  castle 
and  coining  in  this  equipage,  had   such  gaiety    into  the  town,  and   there  begun  afresh,  as  if 
and  cheer  in  his  countenance,  thnt  he  seemed    there    had    been    some    uich    like    accident, 
t  dapper  young  bridegroom.     At  his  first  com-    And  this  experience  was  made  of  the  differ- 
ing on  the  scaffold,  he  fell  on  his  knees,  and  his  ;  ence  of  examples  of  justice  and  mercy  ;  that 
preacher  made  a  long  prayer  to   the  present    in  this  last,   no  man  could  cry   loud   enough, 
porpoae,  which  he  seconded  himself  with  one  -  *  God  save  the   Kirg  ;'  ami  at  the  holding  up 
of  his  own  making,  which,  for  the  phrase,  was  ;  of  Brookes's  head,  when  the  executioner  began 
somewhat    affected,    and    suited   to  his  other  '  the   same  cry,  he  was  not   seconded   by   the 
speeches;  but,   for  the  fashion,  expressed  the  ;  voice  of  any  one  man,  but  the   sheriff.     You 


fervency  and  zeal  of  a  religious  spirit.  In  his 
confession,  he  said,  though  God  knew  this  fault 
'•f  his  was  fur  from  the  greatest,  yet  he  knew, 


must  think,  if  the  spectators  were  so  glad,  the 
actors  were  not  sorry  ;  for  even  those  that 
went  best  resolved  to  death,  were  glad  of  life. 


and  could  but  acknowledge  his  heart  to  be  Cobham  vowed  openly,  if  ever  he  proved  traitor 
fealty  ;  for  which  he  asked  pardon  of  the  king;  again,  never  so  much  as  to  beg  his  life  ;  and 
tnd  thereupon  entered  into  a  long  prayer  lor  |  Grey,  that  since  he  hud  Ins  life,  without  beg- 
ti*  king's  good  estate,  which  held  us  in  the  rain  ging,  he  would  deserve  it.  Markham  returned 
more  than  half  an  hour :  but  being  come  to  a  i  with  a  merrier  countenance  than  he  came  to 
full  point,  the  sheriff  stayed  him,  and  said,  he  \  the  scaffold.  Kaleigh,  you  must  think  (who 
lad  received  orders  from  the  king,  to  change  :  had  a  window  opened  that  way),  had  hammers 
the  order  of  the  execution,  and  that  the  lord  working  in  his  head,  to  beat  out  the  meaning 
Cobham  was  to  go  before  him  ;  wheieupon  he  of  this  stratagem.  His  turn  was  to  come  on 
w»  likewise  led  to  prince  Arthur's  hall,  and  ;  Monday  next;  but  the  king  has  pardoned  him 
hi*  going  away  seemed  more  strange  unto  him,  |  with  tue  rest,  and  confined  him  with  the  two 
tbui  his  coming  thither  ;  for  he  had  no  more  !  lords  to  the  Tower  of  London,  there  to  remain 
hope  given  him,  than  of  an  hour's  respite ;  i  during  pleasure.  Markham,  Brooks  by  and 
tether  could  any  iirm  yet  dive  into  the  mystery  ,  Copley,  are  to  be  banished  the  realm.  This 
ofthik  strange  proceeding.  I  resolution  was  taken  by  the  king  without  man's 

Tbelord  Cobham,  who  was  now  to  play  his  I  help,  and  no  man  can  rob  him  of  the  praise  of 
part,  and  by  his  former  actions  promised  no-  yesterday's  action;  for  the  lords  knew  no  other, 
thing  but  maticre  pour  rirc,  did  much  co/en  but  that  execution  was  to  go  forward,  till  the 
tiie  world  ;  tor  became  to  the  scaffold  with  :  \ery  hour  it  should  be  pe:  formed;  and  thent 
■:-xH  assurance,  and  contempt  of  death.  He  calling  ihem  before  him,  he  told  them,  how 
«aid  <omc  short  prayers  after  his  minister,  and  much  lie  h.id  been  troubled  to  resolve  in  thin 
so  outpravetl  the  company  that  helped  t »  pray  business;  for  to  •  xet'u'e  Givy,  who  was  a  no- 
»:tl»  lam,  that  a  stander-bv  said,  *  He  hid  a  ble  voting,  soiiited  fellow,  and  -n\e  Cobham* 
good  mouth  in  a  cry,  but  was  nothing  single.'  who  was  ;>s  b:^eand  unworthy,  were  a  m.r.iner 
Vwnr  few  word*  he  used,  to  ex  pit**"*  Ins  soirow  of  mju>ti:e.  To  ».i\v  (J  rev,  who  wis  of  a  proud 
Mrhrt  orient**  to  the  king,  and  craved  pardon  insoknt  nature,  and  execute  Cobham,  who  had 
«!*  h.iu  and  the  world  :  for  s>ir  Walter  Raleijh,  shewed  great  tokens  of  humility  aid  repent* 
he  t  jok  it,  upon  the  hope  of  his  Mini's  reMir-  ance,  wv-re  as  gre.it  a  solecism  ;  and  so  went  on 
rertion.  that  what  he  had  said  of  him  was  true;  with  Plutarch's  comparisons  in  the  rest,  till 
aad  wit'i  those  words  would  hate  t  «ken  a  short  travelling  in  contrarieties,  but  holding  the  con- 
Urewel  of  the  world,  with  that  constancy  and  elusion  in  s  >  different  balance,  that  the  lords 
bejdnefs,  that  we  might  see  by  him,  it  is  an  ,  knew  not  what  to  look  tor  till  the  end  came 

matter  to  die  well  than  live  well.  i  out.  and  therefore  I  have  saved  them  all.    The 

■ 


.53]  STATE  TRIALS,  1  James  I.  1603 — Trial  of  Sir  Walter  Raleigh,  [50 


miracle  was  as  *reat  there,  as  with  us  at  Win- 
chester, and  it  took  like  effect;  for  the  applause 
that  be«_;:ui  about  the  kiug.  went  from  thence 
into  the  presence,  mid  so  round  about  the 
court. 

I  send  you  a  copy  of  the  king's  letter,  which 
was  privately  written  the  Wednesday  night, 
and  the  messenger  dispatched  the  Thursday 
about  noon.  But  one  thing  bad  Like  to  have 
marred  the  play ;  for  the  letter  was  closed,  and 
delivered  him  unsigned  ;  which  the  king  remem- 
bered himself,  and  called  for  him  back  again. 


And  at  Winchester,  there  was  another  cross 
adventure ;  for  John  Gib  could  not  get  so  near 
the  scaffold,  that  he  could  speak  to  the  sheriff, 
but  was  thrust  out  amongst  the  boys,  and  was 
fain  to  call  out  to  sir  James  Hayes,  or  else 
Markham  in  in  lit  have  lost  his  neck.  There 
were  other  by-passages,  if  I  could  readily  call 
them  to  mind ;  but  here  is  enough  already  for 
tin  petit  mot  de  lettre,  and  therefore  I  bid  you 
heartily  farewcl.  From  Salisbury  this  11th  of 
Dec.  1603.        Your's,  &c. 

Dudley  Carlteon. 


Account  of  the  Guiana  Expedition  ;  with  a  Character  of  Sir  Walter  Raleigh. 
[Extracted from  Howell's  Familiar  Letters,  pp.  21,  3  b*  3.] 


To  Sir  James  Croft *,  kt.  at  St.  Osith. 


« 


The  news  that  keeps  greatest  noise  here 
now,  is  the  return  of  sir  Walter  Raleigh  from 
his  Mine  of  Gold  in  Guiana,  the  South  parts  of 
America,  which  <it  first  was  like  to  be  such  a 
hopeful  boon  Voyage,  but  it  seems  that  that 
golden  mine  is  pro  ted  a  mere  Chimera,  an  ima- 
ginary airy  mine;  and  indeed  his  majesty  had 
never  any  other  conceit  of  it:  But  what  will 
not  one  in  captivity  (as  sir  Walter  was)  pro- 
mise, to  regain  his  freedom  ?  who  would  not 
promise ;  not  only  mines,  but  mountains  of 
gold,  for  liberty  ?  and  it  is  pity  such  a  knowing 
well-weighed  Knight  had  not  had  a  better  for- 
fortune;  for  the  Destiny  (I  mean  that  brave  ship 
which  l.e  built  himself  of  that  name,  that  carried 
him  thither)  is  like  to  prove  a  Fatal  Destiny  to 
him,  and  to  some  of  the  rest  of  those  gallant  Ad- 
venturers which  contributed  for  the  setting  forth 
of  13  ships  more,  who  were  most  of  them  his 
kinsmen  and  younger  brothers,  being  led  into  the 
said  Expedition  by  a  general  conceit  the  world 
had  of  the  wisdom  of  sir  Walter  Ualeigh  ;  and 
many  of  these  are  like  to  make  shipwreck  of 
their  estates  by  this  Voyage.  Sir  Walter  land- 
ed at.  Plymouth,  whence  he  thought  to  make  an 
escape ;  and  some  say  he  hath  tampered  with 
his  body  by  physic,  to  make  him  look  sickly, 
thi.t  he  may  be  the  more  pitied,  and  permitted 
to  he  in  his  own  house.  Count  Goudamar  the 
.Spanish  ambassador  speaks  high  language ;  and 
sending  lately  to  desire  audience  of  his  majesty, 
he  s.:i<i  he  had  but  one  word  to  tell  him;  his 
inaji&ty  wondering  what  might  be  deliveied  in 
one  word  when  became  before  hiiii,  he  said  only, 
*  .Pirates,  Pirates,  Pirates,*  and  so  departed. 

It  is  true  that  he  protested  against  this 
Voyage  before,  and  that  it  could  not  be  hut  for 
some  predatory  design :  And  that  if  it  he  as  I 
hear,  1  fear  it  will  go  very  ill  with  s>r  Walter, 
and  that  Gondamar  will  never  give  him  over, 
tdl  he  hath  his  head  otf  his  shoulders ;  which 
may  quickly  be  done,  without  any  new  Arraign- 
ment, by  virtue  of  the  old  Sentence  that  lies 
still  dormant  against  him,  which  he  could  never 
get  off  by  Pardon,  notwithstanding  that  he 
mainly  laboured  in  it  before  he  went :  but  his 
majesty  could  never  be  brought  to  it,  for  be 
•aid  he  would  keep  this  as  a  curb  to  bold  him 


within  the  bounds  of  his  commission,  and  the 
good  behaviour. 

Goudamar  cries  out,  that  he  hath  broke  the 
sacred  Peace  betwixt  the  two  kingdoms;  That 
he  hath  fired  and  plundered  Santo  Thoma,  a 
colony  the  Spaniards  had  planted  with  so  much 
blood,  near  under  the  line,  which  made  it  prove 
such  hot  service  unto  him,  and  where,  besides 
others,  he  lost  his  eldest  son  in  the  action :  And 
could  they  have  preserved  the  magazine  of  To- 
bacco only,  besides  other  t  lungs  in  that  town, 
something  might  have  been  had  to  countervail 
the  charge  of  the  Voyage.  Gondamar  al- 
ledgeth  farther,  That  the  enterprize  of  the 
Mine  failing,  he  propounded  to  the  rest  of  his 
fleet  to  go  and  intercept  some  of  the  plate  Ga- 
leons,  with  oilier  designs  which  would  have 
drawn  after  them  apparent  acts  of  hostility; 
and  so  demands  justice  :  besides  other  disasters 
which  fell  out  upon  the  dashing  of  the  first  de- 
sign, captain  Kentish,  who  was  the  main  instru- 
ment for  discovery  of  the  mine,  pistoled  himself 
in  a  desperate  mood  of  discontent  in  his  cabin, 
in  the  (Jonvertine. 

This  return  of  sir  Walter  R-deich  from  Gui- 
ana, puts  me  in  mind  of  a  facetious  tale  I  read 
lately  in  Italian  (for  1  have  a  little  of  that  lan- 
guage already;  how  Alphonso  kiug  of  Naples 
sent  a  Mmr,  who  had  been  his  captive  a  long 
time,  to  Barbary,  with  a  considerable'  sum  of 
money  to  buy  horse*,  and  return  by  such  a 
time.  Now  there  was  about  the  king  n  kind  of 
Buffoon  or  jester,  who  had  a  taUe-book  or 
Journal,  wheicin  he  was  used  to  register  any 
absurdity,  or  impertinence,  or  merry  passage 
tutu  happened  upon  the  court.  That  day  the 
Moor  wasdinpatched  for  Barbary,  the  said  Jes- 
ter waiting  upon  the  king  at  supper,  the  king 
called  for  his  Journal,  and  asked  what  he  had 
observed  that  day  j  thereupon  he  produced  his 
Table-Book,  and  among  other  things,  he  read 
how  Alphonso  king  of  Naples  had  sent  Beltram 
the  Moor,  who  had  been  a  long  time  his  pri- 
soner, to  Morocco  (his  own  country)  with  so 
many  thousand  crowns,  ro  buy  horses.  The 
king  asked  him  why  he  inserted  that ;  Because, 
said  he,  I  think  he  will  never  come  hack  to  be 
a  prisoner  again,  and  so  you  have  lost  both  man 
and  money.  But  if  he  do  come,  then  your  Jest 
is  marred,  quoth  tht  king :  '  No  sir :  for  if  ha 


.i 


«] 


STATE  TRIALS,  I  James  I.  l603.-^br  High  Tivason. 


[58 


return  I  will  blot  out  your  name,  and  put  him 
id  for  a  fool/  The  application  is  easy  and  ob- 
vious :  Bat  the  world  wonders  extremely,  that 
to  great  a  wise  man  as  sir  Walter  Raleigh 
would  return  to  cast  himself  upon  so  inevitable 
a  rocky  as  I  fear  he  will ;  and  much  more,  that 
such  choice  men,  and  so  great  a  power  of  ships, 
sfaoold  all  come  home  and  do  nothing/' 

To  the  Honourable  Matter  Car.  Ra. 

u  Sir;Whereas  you  seem  to  except  against  some- 
thing in  one  letter  that  reflects  upon  sir  Walter 
Raleigh's  voyage  to  Guiana,  because  I  terra 
the  gold  mine  he  wenl  to  discover,  an  airy  and 
suppositions  mine,  and  so  infer,  that  it  touch- 
ed) his  honour ;  truly,  sir,  I  will  deal  clearly 
with  you  in  that  point,  that  I  never  harboured 
ia  my  brain  the  least  thought  to  expose  to  the 
world  any  thing  that  might  prejudice,  much  less 
traduce  in  the  least  degree  that  could  be  that 
rare  renowned  knight,  whose  fame  shall  contend 
in  longevity  with  this  Island  itself,  yea,  with 
that  great  World  which  he  historiseth  so  gal- 
lantly. I  was  a  youth  about  the  town  when  he 
aodertook  that  expedition,  and  I  remember 
most  men  suspected  that  Mine  then  to  be  but 
to  imaginary  politic  thing;  but  at  his  return; 
and  missing  of  the  enterprize,  these  suspicions 
turned  in  most  to  real  beliefs  that  it  was  no 
ether.  And  K.  James,  in  that  Declaration 
which  he  commanded  to  be  printed  and  pub- 
lished afterwards,  touching  the  circumstance  of 
this  action,  (upon  which  my  letter  it  grounded, 
and  which  I  have  still  by  me)  terms  it  no  less. 
And  if  we  may  not  give  fnith  to  such  public  re- 
pd instruments,  what  shall  we  credit?  Besides, 
there  goes  another  printed  kind  of  remon- 
strance annexed  to  that  declaration,  which  in- 
timates as  much :  and  there  is  a  worthy  cap- 
tain in  this  town,  who  was  co-ad  vent  mer  in 
that  expedition,  who  upon  the  storming  of  St. 
Thomas,  heard  young  Mr.  Raleigh  encouraging 
his  men  in  these  words :  Come  on,  my  noble 
hearts,  this  is  the  mine  we  come  for  ;  and  ihey 
who  think  there  is  any  other  are  fools.  Add 
hereunto,  that  sir  Richard  Raker,  in  his  last 
historical  collections,  intimates  so  much. 
Therefoie,  it  was  far  f»on>  being  any  opinion 
broached  by  myself,  or  bottomed  upon  weak 
pounds;  for  I  was  careful  of  nothing  more, 
than  that  those  letters  be'ng  to  breath  o;  en 
air,  should  relate  nothing  but  what  should  be 
derived  from  good  fountains.  And  truly,  sir, 
touching  that  apology  of  sir  Walter  Raleigh's 
you  write  of,  I  never  saw  it,  I  am  very  sorry  I 
did  not ;  for  it  had  let  in  more  light  upon  me  of 
the  carriage  of  that  great  action,  and  then  you 
miehl  have  been  assured,  that  I  would  have  done 
that  noble  knight  all  the  right  that  could  be. 

M  But,  sir,  the  several  arguments  that  you  urge 
m  your  Letters  are  of  that  strength,  I  confess, 
tint  they  are  able  to  rectify  any  indhTerent  man 
in  this  point,  and  induce  liim  to  believe  that  it 
w«*ls  ho  chimera,  but  a  real  mine  ;  for  you  write* 
of  d i vera  pieces  of  gold  brought  thence  by  sir 
Walter  himself,  and  capt.  Kemy?,  and  of  some 
ingot*  that  were  found  in  the  governor's  closet  at 


St.  Thomas's,  with  divers  crucibles,  and  other  re- 
fining instruments  :  yet,  uudcr  favour,  that  might 
be,  and  the  benefit  not  counteivail  the  charge, 
for  the  richest  mines  that  the  king  of  Spain  hath 
upon  the  whole  continent  of  America,  which 
are  the  mines  of  Potosi,  yield  him  but  six  in  the 
hundred,  all  expences  defrayed.  You  write 
how  K.  James  sent  privately  to  sir  Walter,  be- 
ing yet  in  the  Tower,  to  in  treat  and  command 
him,  that  he  would  impart  his  whole  design  to 
him  under*  his  hand,  promising  upon  the  word 
of  a  king  to  keep  it  secret;  which  being  done 
accordingly  by  sir  Walter  Raleigh,  that  very 
original  paper  was  found  in  the  said  Spanish 
governor's  closet  at  St.  Thomas's  :  whereat,  as 
you  have  just  cause  to  wonder,  and  admire  the 
activeness  of  the  Spanish  agents  about  our 
court  at  that  time,  so  I  wonder  no  less  at  the 
miscarriage  of  some  of  his  late  majesty's  minis- 
ters, who  notwithstanding  that  he  had  passed 
his  royal  word  -to  the  contrary,  yet  they  did 
help  Count  Gondomar  to  that  paper ;  so  that 
the  reproach  lieth  more  upon  the  English  than 
the  Spanish  ministers  in  this  particular.  Where- 
as you  al  ledge,  that  the  dangerous  sickness  of  sir 
Walter  being  arrived  near  the  place,  and  the 
death  of  (that  rare  spark  of  courage)  your  brc— 
ther,  upon  the  first  landing,  with  other  circum- 
stances, discouraged  capt.  Ketnys  from  discover- 
ing the  mine,  but  would  reserve  it  for  another 
time  ;  I  am  content  to  give  as  much  credit  to 
this  as  any  man  can  ;  as  also  that  sir  Walter,  if 
the  rest  of  the  fleet,  according  to  his  earnest 
motion,  had  gone  with  him  to  revictual  in  Vir- 
ginia, (a  country  where  he  had  reason  to  be 
welcome  unto,  being  of  his  own  discovery)  he 
had  a  purpose  to  return  to  Guiana  the  spring 
following  to  pursue  his  first  design.  I  am  also 
very  willing  to  believe  that  it  cost  sir  W.  Ita- 
leigh  much  more  t»  put  himself  in  equipage  for 
that  long  intended  Voyage,  than  would  have 
paid  for  his  liberty,  if  he  had  gone  about  to  pur- 
chase it  for*  reward  of  money  at  home;  though 
I  am  not  ignorant  that  many  of  the  co-adven- 
turers made  large  contributions,  and  the  for- 
tunes of  some  of  them  MiftV-r  for  it  at  this  very 
day.  Hut  although  Gondomar,  as  my  letter 
mentions,  calls  Mr  Walter  Pirate,  I  tor  my  part 
am  far  from  thinking  so ;  because,  a«»  you  give  an 
unanswerable  reason,  the  plundering  of  St.  Tho- 
mas was  an  act  done  beyond  the  equator,  where 
the  articles  of  peace  betwixt  the  two  kings  do 
not  ext>  nd.  Yet,  under  favour,  though  he 
broke  not  the  peace,  he  was  said  to  break  his 
patent  by  exceeding  the  bounds  of  his  commis- 
sion, as  the  foresaid  declaration  relates  :  For  K. 
James  had  made  strong  promis»  s  to  Count 
Gondomar,  that  this  fleet  should  commit  no 
outrages  upon  the  king  of  Spain's  subjects  by 
land,  unless  they  began  first  ;  and  1  believe 
that  was  the  main  cause  of  his  death,  though  I 
think  if  thry  had  proceeded  that  way  against 
him  in  a  legal  course  of  trial,  he  might  have  de- 
fended himself  well  enough. 

"  Whereas  you  alledge,  that  if  that  action 
had  succeeded,  and  afterwards  been  wrll  pro- 
secuted,  it    might  have  brought  Gondoniar's 


50] 


STATE  TRIALS,  1  James  I.   1G03.— Trial  qf  Sir  Walter  Raleigh. 


[60 


great  catholic  master  to  have  been  begged  for 
at  the  church-doors  by  friar?,  as  he  was  once 
brought  in  the  latter  end  of  queen  Elizabeth's 
days :  .1  believe  it  had  much  damnified  him, 
and  interrupted  him  in  the  possession  of  his 
West-Indie-*,  but  not  brought  hiin,  under  fa- 
vour, to  so  low  an  ebb.  I  have  observed,  that 
it  is  an  ordinary  thing  in  your  popish  countries, 
for  princes  to  borrow  from  the  altar,  when  they 
are  reduced  to  any  straits ;  for  they  say,  The 
riches  o(  the  church  are  to  serve  as  anchors  in 
time  of  a  storm.  Divers  of  our  kings  have 
done  worse,  by  pawning  their  plate  and  jewels. 
Whereas  my  letter  make*  mention  that  sir  W. 
Raleigh  mainly  laboured  for  his  pardon  before 
he  went,  but  could  not  compass  it ;  this  is  also 
a  passage  in  the  foresaid  printed  relation  :  But 
I  could  have  wi>hed  with  all  my  heart  he  had 
obtained  it;  for  I  believe,  that  neither  the 
transgression  of  his  commission,  nor  any  tiling 
that  he  did  beyond  the  Line,  could  have  short- 
ened the  line  of  his  life  otlierwisc  ;  but  in  nil 
probability  we  might  have  been  happy  in  him  |  year   came   about,  to  be  found    clipping  the 


to  this  very  day,  having  such  an  heroic  heart 
as  he  had,  and  other  rare  helps,  by  Ids  great 
knowledge,  for  the  preservation  of  health. 
I  believe  without  any  scruple  what  you  write, 
that  sir  Win.  St.  (iron  made  an  overture  to 
hiin  of  procuring  his  paidun  f<»r  1500/.  but 
whether  he  could  have  e:  tec  led  it,  1  doubt  a 
little,  when  he  had  come  to  negotiate  it  reallv. 
But  I  extremely  womler  how  that  old  sentence 
which  had  lain  dormant  above  sixteen  years 
against  sir  W.  Raleigh,  could  have  been  made 
use  of  to  take  off  his  head  afterwards,  consider- 
ing that  the  Lord  Chancellor  Vn-ulum,  as  you 
write,  told  him  positively  (as  sir  Walter  was 
acquainting  him  with  that  proffer  of  sir  Win. 
St.  Gcon  for  a  pecuniary  pardon)  in  these 
words,  Sir,  the  knee-timher  of  your  voyage  is 
money  ;  spare  your  purse  in  this  particular,  for 
upon  my  life  you  have  a  snlhrient  pardon  for 
all  that  is  passed  already,  the  king  having  under 
his  broad-seal  made  you  admiral  of  your  fleet, 
and  given  you  power  of  the  martial  law  over 
your  officers  and  soldiers.  One  would  think 
that  by  this  royal  patent,  which  gave  hiin  power 
of  life  and  death  over  the  king's  liege  people, 
sir  W.  Raleigh  should  become  recltu  itt  cuiia, 
and  free  from  all  old  convictions.  But,  Mr,  to 
tell  you  the  plain  truth,  count  Oondoinar  at 
that  time  had  a  great  stroke  in  our  court,  be- 
cause there  was  more  than  a  mere  overture 
of  a  match  with  Spain;  which  makes  me  apt 
to  believe,  that  that  srreat  wise  knight  being 
such  an  anti-Spaniard,  was  made  a  sacrifice  to 
advance  the  matrimonial  treaty.  But  I  must 
needs  wonder,  as  you  ju.stly  t\o,  that  one  and 
the  same  man  should  be  condemned  for  being  a 
friend  to  the  Spaniard,  (which  was  the  ground 
of  his  rir#t  condemnation )  and  afterwards  lo^e 
his  head  for  being  their  enemy  by  the  same  sen- 


tence. Touching  his  return,  I  must  confess  I 
was  utterly  ignorant  that  those  two  noble 
earls,  Thomas  of  Arundel,  and  William  of 
Pembroke,  were  engaged  for  him  in  this  parti- 
cular ;  nor  doth  tho  printed  relation  make  any 
mention  of  them  at  all :  Therefore  I  must  say, 
that  envy  herself  must  pronounce  that  return 
of  his,  for  the  acquitting  of  his  fiduciary 
pledges,  to  be  a  most  noble  act ;  and  waiving 
that  of  king  Alphonso's  Moor,  I  may  more  pro- 
perly compare  it  to  the  act  of  that  famous  Ro- 
man commander,  Regulus,  as  I  take  ir,  who  to 
keep  his  promise  and  faith,  returned  to  his 
enemies  where  he  had  been  prisoner,  though 
he  knew  he  went  to  an  inevitable  death.  But 
well  did  that  faithless  cunning  knight,  who  be- 
trayed sir  W.  Raleigh  in  his  inteuded  escape, 
being  come  a-shore,  fall  to  that  contemptible 
end,  as  to  die  a  poor  detracted  beggar  in  the 
isle  of  Lundey,  having  for  a  bag  of  money  fal- 
sified his  faith,  confirmed  by  the  tie  of  the  holy 
saci Mincnt,  as  you  write ;   as  also  before  tlie 


same  coin  in  the  king's  own  house  at  White- 
hall, which  he  had  received  as  a  reward  for  his 
pcrtidinusness;  for  which  being  condemned  to 
be  hanged,  he  was  driven  to  sell  himself  to  his 
shirt,  to  purchase  his  pardon  of  two  knights. 

"  And  now,  sir,  let  that  glorious  and  gallant 
cavalier  sir  W.  Raleigh  (w1m>  lived  long  enough 
for  his  own  honour,  though  not  for  his  country, 
as  it  was  said  of  a  Roman  consul)  rest  quietly 
in  his  grave,  and  his  virtues  live  in  his  posterity, 
as  1  find  tin  v  do  strongly,  and  very  eminently 
in  you.  1  have  heard  his  enemies  confess  that 
he  was  one  of  the  wciiihiiest  and  wisest  men 
that  this  island  ever  bred.  Mr.  Nath.  Carpen- 
ter, a  learned  and  judicious  author,  was  not  in 
the  wrong  when  he  gave  this  discreet  character, 
of  him  :  *  Who  hath  not  known  or  rend  of  this 
prodigy  of  wit  and  fortune,  sir  Wulter  Ra- 
leigh, a  man  unfortunate  in  nothing  else  but 
in  the  greatness  of  his  wit  and  advancement, 
whose  eminent  worth  was  iuch  both  in  do- 
mestic policy,  foreign  expeditions,  and  dis- 
coveiies  in  arts  and  literature,  both  practick 
and  contemplative,  that  it  might  seem  atonce 
to  conquer  example  and  imitation  !'  " 


See  also  "  A  Declaration  of  the  demeanour 
and  carriage  of  sir  Walter  Raleigh,  kut.  as  well 
in  his  Voyage  ns  in  and  sithence  his  return,  and 
of  tlu*  true  Moti\cs  and  Iuducemcu's  which 
occasion*  d  his  majesty  to  proceed  in  doing 
justice  upon  him  as  hath  beea  done.  Printed 
by  the  kings  printers  in  loltt;"  republished,  3 
Ilarl.  Mis.  1745:  and  '*  A  Brief  Relation  of  sir 
Walter  UaleiidisTrouhlc*,  with  the  taking  away 
the  Lands  and  Castle  of  Sherhourn  in  Dorset, 
from  him  and  his  heirs,"  4  Harl.  Mis.  57  ;  and 
for  farther  particulars  the  2d  Volume  of  Cay* 
lev 's  Life  oi  Sir  Walter  Raleigh  may  be  cousulted. 


61]        STATE  TRIALS,  1  Jamis  I.  1603.— Trial  of  Sir  Griffin  MaMam,  $c.       [6<z 


7J.  The  Trial  of  Sir  Griffin  Markham,  knt.  Sir  Edward  Par- 
ham,  knt.  George  Brooke,  esq.  Bartholomew  Brookksby, 
esq.  Anthony  Copley,  William  Watson,  Priest;  William 
Clarke,  Priest,  for  High  Treason,  at  Winchester:  1  Jac.  I. 
Nov.  15,  a.d.  1603.  [From  a  MS.  in  the  Bodleian  Library, 
Rotulae  in  Archivo.  A.  3033.  44.  8.] 


TlIE  Commissioners  were,  the  earl  of  Suffolk, 
Lord-Chamberlain,  Charles  earl  of  Devonshire, 
Henry  lord  Howard,  Robert  lord  Cecil,  Secre- 
tory ;  Edward  lord  Wotton,  Comptroller;  John 
Stanhope,  Knight  and  Chamberlain ;  Lord- 
Chief-Justice  of  England,  Lord-Chief- Justice 
of  the  Common-Pleas,  Justice  Gawdy,  Justice 
Waimedey,  Justice  War  burton,  sir  William 
Wade,  knight. 

On  Tuesday  the  15th  of  November,  were 
arraigned  at  Winchester,  George  Brooke,  esq. 
fir  Griffin  Markham,  knight,  Bartholomew 
Brookesby,  esq.  Anthony  Copley,  gent.  Wm. 
Watson,  priest ;  Wm.  Clarke,  priest,  and  sir 
Edward  Parham,  knt. 

The  Effect  of  the  Isdtctment. 

*  For  consulting  with  the  lord  Gray  and 
'  others,  traitorously  to  surprize  the  king  and 
1  y.nmg  prince  at  Greenwich,  to  carry  them  to 
4  the  lower  guarded  with  some,  tliat  after  the 

*  daughter  of  many  of  the  guards,  should  put 
4  on  the  guards  coats,  and  so  bring  them,  send- 
1  ir.g  the  Lord-Admiral  before  to  signify  the 
'  d  stress  where  the  king  was,  and  escape  be 

*  mule  by  the  guards  from  Greenwich;  i:nd 
4  therefore  desired  to  be  taken  in  there  for 
'  more  safety.  Which,  if  they  could  have  cf- 
1  Sertoli,  the  treasures  i-.nd  jewels  in  the  Toner 

*  should  serve  the  tu;*n  .or  th.*  elloctmi:  «»f  their 

*  twiner  purposes ;  that  some  of  thosie  of  the 
'  f-rhy-council,  viz.  the  Lord-Chanceilor,  trca- 

*  surer  Cecil,  Chief- Justice;,  should  be  removed 
1  a*!d  cut  off:    and  Mr.   W.it.-on   ;-hould    be 

*  chancellor,  Brooke  lo.d  treasurer,  and  Mnrk- 

*  fuin  secretary  ;  Gray  lord  marshal  and  mar 
'  Ut  of  the  horse,  if  the  now  muster  of  the 
'  horse  were  otherwise  preferred  ;  but  for  the 
1  iord-chie f-justiie  no  man  named.  If  their 
1  project  for  bringing  them  to  the  Tower  failed, 
1  then  tu  conwy   the  king  to  Dover,  where 

*  George  Brooke  presumed  upon  hi*  intereat 
1  « ith  Thomas  Vands  ;  but  Mr.  Attorney  jus- 
'  fitted  hi*  assurance  of  the  lord  Cobhiim.  In 
4  •.•'■£  of  iher.e  places  they  meant  to  lnve  kept 
'  tie  kin*  for  the  space  of  thr.ee  months,  and 

*  ••;  their  first  entrance,  they  should  require 
1  th?ee  things.  1.  A  general  pan  ion  of  all 
;  th-  :r  purposes  and  intentions  a&ahvtt  the  king 

*  Mil  prince.  '2.  The  kiiii:  should  yield  to  a 
'  toleration  of  religion;  with  an"  equality  of  all 
'  <*o<iu<4etlors  und  other  officer*,  as  well  papists 
4  **  protestants,  within  his  court  or  otherwise. 
'  ."».  That  be  should  remove  and  cut  off  the 

*  fwre-mntioaed  counsellors,  and  others  who 


*  should  be  thought  to  hinder  this  designment, 
'  for  which    purpose  Watson  named   Veale, 

*  alias  Cole,  to  alledge  sufficient  matter  against 
'  them. — And   for  the  belter  effecting  of  tins 

*  their  purpose,  Watson  had   devised    under 

*  writing  an  oath  should  be  administered  for 
1  the  preservation  of  the  king's  person,  for  the 
'  advancement  of  the  catholic  religion,  and  for 
'  the  concealing  of  all  secrets  that  should  be 
'  revealed  unto  them.  That  all  the  actions 
'  should  be  proceeded  withal  in  the  king's 
'  name,  and  they  meant  to  send  for  the  lord- 
'  mayor  and  aldermen  of  London,  that  the  king 
'  would  speak  with  them  :  whom  they  meant 
4  to  keep  in  safe  custody,  till  they  had  deliver- 
'  ed  hostages  to  them  not  to  withstand  their 
'  assignments,  and  to  furnish  them   with  all 

*  such  necessaries  as  they  should  require  from 

*  them.     Watson  was  the  villainous  hatcher  of 

*  these  Treasons  ;  and  Brooke,  upon  the  leam- 
'  ing  of  then,  was  as  eager  a  prosecutor;  and 
'  the  lord  (Tray  more  eager  and  violent  than 
'  he,  purposing  to  make  a  suit  to  the  king  for 
'  carrying  over  a  regiment  for  the  relief  of 
1  Ostend,  which  he  would  have  ready  tor  the 
1  defence  of  his  own  person  in  this  action,  fear- 
'  ing  the  greatness  of  the  catholic  forces  nc- 
1  cording  to  the  promises  of  George  Brooke, 

*  Markham  and  Watson,  and  knowing  not 
'  how  he  might  he  dealt  withal  amongst  them/ 

Mr.  George  Brooke  said  little  or  nothing  in 
his  own  defence,  only  he  made  a  ridiculous  ar- 
gument or  two  in  the  beginning:  \iz.  that, 
that  only  could  be  the  judge,  and  examiner  of 
any  action,  which  was  the  rule  of  the  action  : 
but  the  Common  Law  was  not  the  rule  of  the 
action,  rrgo,  it  could  not  be  judge  or  ruler  of 
the  action  :  and  therefore  appealed  to  the  per- 
son of  the  king.  2.  That  the  Commissioners 
or  Common  Law  had  no  authority  over  thcrn  ; 
because  it  is  a  maxim  in  the  law,  ejus  esse  con* 
titmnare*  cujus  est  abfoirere  :  but  the  Commou 
Law  could  not  absolve  him,  being  guilty,  there- 
fore- could  ijiit  condemn  him. 

Air.  Attorney  to  this  would  have  answered 
I  particularly,  but  was  by  the  Commissioners 
and  Judges  willed  to  reduce  himself  to  his  own 
element. 

Loid  Henry  Howard  undertaking  to  have 
answered  him,  my  L.  C.  Justice  t'dd  him,  that 
the  Kin::,  bv  reason  of  his  uiativ  causes,  had 
man"  under  him  to  execute  the  1  iw  of  justice; 
but  he  kept,  in  his  own  hands  the  key  of  mercv, 
either  to  bind  or  loose  the  proceedings,  as  in 
his  own  princely  wisdom  he  should  think  fit. 


C3]     .      STAT^  TRIALS,  1  James  I.  1603— fr/af  qf  Sir  Griffin  Markham,  [61 

Scotland  and  England  in  combustion  ;  and  so 
upon  Cobhain's  return  out  of  Spain,  to  meet 
Raleigh  at  the  isle  of  Jersey,  and  so  to  put  on 
foot  both  titles,  both  within  and  without  the 
land. 

Mr.  George  Brooke,  after  lib  first  arguments, 
spake  little  or  nothing  for  himself,  more  than 
his  own  Confession  led  him  otherwbiles  to 
excuse  or  qualify  his  own  offence;  only  he 
gave  cast  of  a  Letter,  which,  he  said,  he  re- 
ceived from  his  majesty,  wherein  he  had  liberty 
and  authority  to  deal  in  the  sounding  out  of 
these  practices ;  but  neither  at  any  nine  be- 
fore nor  at  his  Arraignment,  could  shew  the 
said  letter.  And  the  king  being  by  some  of  dm 
Lords  Commissioners  questioned  withal  on  that 
point,  requireih  his  Letter  to  be  produced, 
and  deiiieih  be  wrote  any  such  letter. 

Sir  Griffin  Markham  answered  exceeding 
well,  and  truly  to  all  things  ;  denying  nothing 
for  his  fault  of  Treason  ;  but  that  he  deserved 
death  upon  the  persuasion  of  Watson,  by  whom 
he  was  misled,  and  assured  that  the  king  before 
liis  coronation  was  not  an  actual,  but  a  political 
king :  only  he  desired  to  avoid  the  imputation 
of  effusion  of  blood  in  that  enterprize,  and  (if 
it  were  possible)  the  brand  of  a  Traitor  lor  his 
house  and  posterity,  protesting  how  carders  he 
was  of  his  own  life,  which  he  desired  to  he 
exposed  to  any  hazard  or  sacrifice  (though  it 
was  never  so  desperate;)  which  if  the  king 
would  not  (in  mercy)  yield  him,  yet  he  desired 
their  lordships  to  be  intercessors,  that  he  might 
die  under  the  axe,  and  not  by  the  halter. 

Watson  spake  very  absurdly  and  deceivingly, 
without  grace,  or  utterance,  or  good  deliver- 
ance ;  which  (added  to  his  foresaid  villainy) 
made  him  more  odious  and  contemptible  to  all 
the  hearers. 

Clarke,  the  other  Priest  (mi  excellent  nim- 
ble-tongued  fellow),  of  good  speech,  more 
honest  in  the  carriage  of  the  business,  of  an  ex- 
cellent wit  and  memory,  boldly,  and  in  well- 
beseeming  terms,  uttering  his  mind,  not  unwil- 
ling to  die,  but  desireth  to  avoid  the  imputa- 
tion of  a  traitor. 

Copley,  a  man  of  a  whining  speech,  but  a 
shrewd  invention  and  resolution. 

Brookesby  drawn  in  merely  by  Watson  to 
take  the  Oath  before-mentioned,  for  some  of  the 
particularities,  as  the  bringing  the  king  to  the 
Tower  for  the  advancement  of  Ucligion  ;  but 
spake  with  nobody  to  incite  them  to  the  busi- 
ness nor  came  himself  according  to  his  time  ap- 
pointed by  Watson,  the  23rd  or  2 -1th  of  June, 
but  at  that  instant  attended  upon  the  queen. 

Sir  "Edward  Par  ham  was  also  by  that  villain 
Watbon  dealt  withal  after  he  had  tendered  hiin 
the  oath  to  this  purpose  :  that  he  understood 
the  lord  Gray  meant  with  forces  to  set  upon 
the  king,  and  to  surprize  him,  that  against  that 
time,  whether  he  would  not  draw  his  sword 
against  the  lord  Gray  with  the  king'*  servants 
aud  friends?  And  if  the  king's  servants  were 
discomtited,  whether  with  the  rest  of  the  Ca- 
tholics he  would  not  encounter  the  lord  Gray, 
aud  if  he  could  bring  him  to  die  Tower  for  his 


Therefore  said  Mr.  Attorney,  you,  Mr. 
Brooke,  professing  yourself  to  be  learned,  cannot 
be  ignorant  that  both  your  ancestors  have  been, 
and  you  must  he  liable  and  subject  yourself  to 
the  trial  of  the  law  of  this  nation,  wherein  you 
were  born,  and  under  which  you  live,  6f  igno- 
lantia  juris  non  esc u sat.  These  treasons  were 
termed  by  the  lord  Cobham  '  The  Bye/  as  Mr. 
George  Brooke  confessed  to  Watson  aud  the 
lord  Gray  ;  but,  said  he,  Walter  Raleigh*  and 
1  arc  chanced  at  the  Main.  Whereupon  Mr. 
Attorney  gave  a  touch  of  the  Treasons  of  the 
lord  Cobham  and  Raleigh,  who  had  procured 
from  A  rem  berg  five  or  600,000  crowns,  to  be 
disposed  by  the  lord  Cobham,  who  should 
therewith  raise  forces  for  the  extirpation  of 
the  King  and  his  Cubbes,  and  putting  both 

*  Sir  John  Hawles  (Solicitor-General  temp. 
Will.  3.)  in  his  reply  to  sir  Bart.  Shower's 
"  Magistracy  and  Government  of  England  vin- 
dicated, &c."  pag.  32,  says,  the  king  came  to 
London  in  May,  and  in  Joly  following  was  the 
pretended  plot  discovered ;  and  in  November 
following,  the  pretended  delinquents  were  tried 
at  Winchester,  together  with  Watson  and 
Clarke.  Their  Accusations  were  in  general, 
1.  To  set  the  Crown  on  the  lady  Arabella's 
head,  and  to  seize  the  king.  2.  To  have  a 
toleration  of  Religion.  3.  To  procure  Aid  and 
assistance  from  foreign  princes.  4.  To  turn 
out  of  court  such  as  they  disliked,  and  place 
themselves  in  otftces. — Of  these  the  first  Arti- 
cle is  Treason;  what  crimes  the  rest  are,  is 
doubtfuL  What  of  them  was  proved  against 
the  lords  Cobham  and  Gray,  Watson  and 
Clarke,  or  how  their  Trials  were  managed,  doth 
not  appear  :  but  sir  Walter  Raleigh's  Trial 
does  appear,  and  is  much  like  the  lord  Russet's, 
and  therefore  of  some  circumstances  of  it,  I 
think,  it  is  fit  to  take  notice.  Instead  of  Con- 
sults, &c.  in  the  lord  Russel's  Trial,  the  cant 
words  of  the  surprizing  the  Bye,  and  the  Main, 
were  made  use  of  in  sir  Walter's,  interprctable 
as  the  Council  thought  fit ;  at  least  it  was  asto- 
nishing to  the  Jury,  which  was  all  that  was  de- 
signed by  the  Council,  and  fatal  to  the  pri- 
soners. I  have  no  mind  to  run  through  all  the 
ramble  of  sir  Walter  Raleigh's  Trial,  as  it  is 
printed  before  his  History  of  the  World,  be- 
cause the  parallel  is  too  exact,  and  sticks  too 
close  to  the  memory  of  persons  gone :  only  1 
will  say,  That  if  sir  Walter  Raleigh  was  guilty 
qf  the  thing  he  was  accused  of  by  the  Witnesses, 
though  the  accusation  did  not  amount  to  a  legal 
proof,  it  was  Iliuh-Treason  ;  but  if  the  lord 
Russel  was  guilty  of  the^hing  he  was  accused 
of,  he  was  not  guilty  of  High-Treason." — And 
the  same  author,  says,  p.  35,  "  I  think  it  is 
plain  at  this  duy,  that  of  sir  Walter  Raleigh's 
is  thought  a  sham  Plot ;  what  the  lord  Russel's 
is  thought,  let  the  author  say,  I  am  loath  to  enu- 
merate all,  but  if  any  person  will  give  himself 
the  tro'ible  of  reading  and  comparing  the 
Trial  of  the  lord  Rustri  with  that  of»ir  Waiter 
Raleigh,  they  will  find  them  exactly  parallel  in 
a  number  of  other  particuhirs." 


<fc] 


STATE  TRIALS,  1  James  I.  1 603. —and  others,  for  High  Treason. 


[66 


relief  and  the  advancement  of  the  Catholic 
rehgion  ? 

far  ham  told  him,  that  he  would  so,  if  he  was 
persuaded  that  bis  intendment  of  the  lord 
Gray  were  true,  which  at  that  time  Watson 
could  not  assure  him  of;  for  he  did  but  hear 
of  so  much  :  but  said  he,  when  I  have  better 
assurance  thereof,  which  will  be  within  these 
three  davs,  you  shall  further  hear  of  me.  He 
laying  the  time,  Watson  came  not,  and  so 
P*j ham's  proceedings  went  no  further  :  but 
bang  urged  in  the  point  for  bringing  the  king 
to  the  Tower,  for  the  advancement  of  the  Ca- 
tholic religion,  he  said,  he  *aade  no  doubt,  but 
ttat  he  with  others,  adventuring  ther  lives  for 
the  rescuing  the  king  from  the  lord  Gray,  and 
bringing  him  for  his  safety  to  the  Tower,  this 
then  Mould  not  but  merit  some  grace  from  the 
king,  for  the  advancement  of  the  Catholic 
rthiion. 

Sir  Francis  Ihircy  being  Foreman  of  the 
Jury,  and  excellently  commended  for  this  day's 
carriage  and  behaviour,  made  two  or  three 
doubt*  concerning  Mr  Edward  Parhaui's  Case, 
and  received  lesoiution  from  the  Bench  in  some 
points,  and  the  rest  left  to  his  conscience  and 
understanding,  vent  with  the  rest  of  the  Jury, 
and  found  all  Guilty,  saving  Parham,  and  so 
he«.i»  discharged  ;  and  upon  the  rest  Sentence 
«4' death  ivus  pronounced  by  the  Lord-Chief- 
Jtfetice. 

The  Copie  of  a  Letter  written  from  master 
1.  M.  net  re  Salisbury,  to  Master  II.  A.  at 
l»iid'>ii.  concerning  the  Proceeding  at  Win- 
chester ;  where  the  l.ue  lord  Cobham,  lord 
Gray,  and  sir  Griniu  Mark  ham,  all  attainted 
of  hie  Treason,  were  ready  to  be  executed, 
ou  Friday  the  9th  of  Dec.  1603.  At  which 
time  his  majesties  Warrant,  all  written  with 
his  own  hand,  (whereof  the  true  Copie  is, 
here  annexed)  was  deliuered  to  sir  lien- 
jaroiu  Tichboume,  High  She ri lie  of  Hamp- 
shire, commanding  him  to  suspend  their 
execution  till  further  order.  Imprinted  at 
Loudon,  1603. 

Sr;  I  hauc  receiued  a  letter  from  you;  hv 
*uch  I  perceiue  howe  much  you  desire  to  be* 
particularly  enfourmed  of  the  cause  and  man- 
J*r  of  i  he  stay  of  the  late  lord  CobhanYs,  lord 
Onne's,  and  sir  Grirtiii  Mark  ham's  Execution, 
^pointed  at  Winchester;  wherein,  although 
there  are  many  better  able  to  discourse  at  large 
o;'  -iic li  an  action  then  myselfe,  yet  1  conceiue 
*hen  you  ha\e  perused  this  plaine  and  true 
relation,  of  that  which  all  men  there  behelde 
t  .at  day,  and  many  more  since  haue  heard, 
t: »m  persons  of  the  best  qualitie  mid  know- 
kfl*e,  you  will  thaiike  me  more,  for  6utferiii£ 
On-  trueth  to  stiew  itself  vuclothed,  then  if  I  had 
laboured  to  haue  deliuered  you  a  tale  well 
painted  with  curious  words  and  tine  phrases. — 
Yen  mu-t  therefore  vnderbtand,  that  as  sonne 
t*  the  Arraignments  were  passed  at  Win- 
ttatter,  his  majesties  Priue-couiisel  (to  the 
Dumber  of  14  or  15,  of  which  companie  all  of 
ttan  had  cither  bctae  trycrs  of  the  noblemen 

f  OU  II. 


as  their  peers,  or  sitten  as  high  Commissioners 
vpon  the  gentlemen)  were  called  before  his 
majestic  (in  his*  Priue-chamber,  at  Wilton, 
where  he  commanded  them  to  deliuer  (w  ithout 
respect  to  any  per>on)  the  true  narration  onely ; 
of  the  order  in  the  Trial!  ot  these  persons  that 
had  beene  condemned  by  the  law t,  and  of  the 
nature  and  degree  of  their  offences,  as  had  ap- 
peared in  euery  one  of  them,  by  their  seucral 
answeres. — Ail  which  being  cleerely  and  justly 
reported  by  them  (each  speaking  in  the  hearing 
of  the  rest)  his  majestie .  for  his  part,  used' 
himself  so  grauely  and  reseruedly  in  all  his 
speeches,  as  well  to  themselues  at  that  time,  as 
also  to  all  other  persons  after,  in  priuate  or 
publique,  us  neither  any  of  his  priue-counself, 
nobilitir,  or  any  that  attended  ueerest  to  his 
sacred  person,  durst  presume  to  mediate  for 
any,  or  so  much  as  to  enquire  what  should 
be  the  conclusion  of  this  proceeding. 

In  the  meane  tune,  while  the  Court  was  full 
of  uariety  of  discourse,  some  speaking  out  of 
probabilirie,  others  arguing  out  ol  desin ,  what 
was  like  to  be  (he  fortune  ot  all,  or  of  any  of  these 
Offend  ours,  his  majestic  hauing  concluded 
onely  in  his  own  secret  heart  (which  is  the  true 
oracle  of  tjrace  and  know  ledge)  in  what  manner 
to  proceed  ;  and  that  without  asking  counsel 
of  any  earthly  person  it  pleased  him  to  rcsolue 
between e  God  and  i.imselfe,  that  their  execu- 
tion should  be  staved,  euen  at  the  instant 
when  the  axe  should  be  layde  to  the  trees 
routes.  For  the  seciet  and  orderly  caniage 
whereof,  his  majestie  wa*  careful  to  preuent  all 
cause  or  colour  ot'  suspicion,  of  that  judicious, 
joyall,  and  vuexpected  course  which  followed. 
And  therefore,  after  the  two  Priests  were  exe- 
cuted, on  Tuesday  the  29th  of  Nov.  and  master 
George  Brooke  on  Monday  following,  his' ma- 
jestie on  the  same  day,  being  the  1st  of  Dec. 
signed  three  Warrants,  for  the  execution  of  the 
late  lord  Cobham,  l«»rd  Gray,  and  sir  Grirtin 
Markham,  knt.  with  particular  direction  to  the 
She  ride,  to  performe  it  ou  Friday  after,  before 
ten  a  clockc  in  the  morning. — All  these  direc- 
tions being  now  become  notorious,  both  by 
the  Writs  of  Execution  (which  passed  voder 
the  great  seale)  and  by  the  making  rcadie  the 
Scaffolds  at  Winchester,  his  majestie  uery 
secretly  (as  now  appeareth  by  the  sequele) 
drewe  himselfe  into  his  cabinet,  on  Wednesday 
befoie  the  day  of  execution,  and  there  pi  in  ate  ly 
framed  a  Wurrant,  written  all  with  his  own 
hand,  to  the  Sheriffe,  by  venue  whereof  he 
countermaunded  all  the  former  directions,  al- 
ledgiug  the  Reasons  therein  mentioned.  Of 
which  seeing  no  man's  pen  can  so  well  expresse, 
as  his  owne,  1  ^end  you  the  Copie  verbatim, 
as  1  took  it  out  of  the  originnll,  which  many 
read  in  my  cousin  sir  Benjamin  Tichbourne's 
hand. 

And  now  to  come  to  the  ordering  of  this  bu- 
sine«se ;  among  many  other  circumstances,  it 
is  uery  remarkable,  with  what  discretion  and 
foresight  that  person  was  elected,  which  must 
be  vsed  in  carriage  of  the  Warrant.  First,  his 
majestie  resolved  it  sh6uld  be  a  Scoti 


67]     STATE  TRIALS,  1  James  I.  1303.— Trial  of  Sir  G.  Marlham,  and  others.     [68 


being  thereby  like  to  be  freest  from  particular 
dependeucie  vpon  any  nobleman,  counsellors, 
or  others,  their  friends  or  ailyes.  Next  bee 
re^olued,  to  send  a  man  of  no  cxtraordinnric 
ranke,  because  the  stnndrrs-by  should  not  ob- 
serue  any  alteration,  nor  the  delinquents  thcin- 
selves  should  take  any  apprehension  of  such  a 
man's  being  there  at  that  time  :  this  being  his 
mujt'!>?ies  speciall  de*ire,  that  euery  one  of 
them  (being  scucrully  brought  vpon  the  teat- 
fold)  might  quietly  breath  foorih  their  last 
wordes,  and  true  Confession  of  his  secret  est 
conscience.  An  J  so,  to  be  short,  his  majestic 
made  choice  of  Mr.  John  Gibb,  a  Scottish  man, 
as  aforesaid,  a  man  that  had  never  dealt  with 
any  counsellor,  or  other,  for  suite  or  businesse, 
but  one  that  had,  vyithiu  short  while  after  the 
Line's  first  en  trie,  bene  sent  backe  into  Scot- 
land, from  whence  he  was  but  freshly  arriued 
at  Wilton,  some  fewe  dayes  before. 

This  party  being  by  the  king  approoued  for 
au  ancient,  trust  ie,  and  secret  seruant,  as  a 
groome  of  his  majesties  bed-chamber,  and  a 
man,  as  is  said  be- fore,  little  knowen,  and  less 
hound  to  any  subject  in  England  for  any  bene- 
fit, receiuing  the  Warrant  secretly,  on  Thurs- 
day, from  thtt  king's  owne  hand,  mid  telling  his 
fellowes  (who  would  otherwise  bane  missed 
him)  that  he  must  lie  that  night  at  Salisbury 
vpon  some  priuate  businesse  of  his  owne,  lie 
rode  directly  to- Winchester,  and  there,  keeping 
himselfe  priuate  all  night,  rose  earely  in  the 
morning  on  Friday,  and  went  obscurely  to  the 
Castle-grccne,  where  the  people  Hocking  in  all 
the  morning,  as  the  time  die  we  nccre,  he  put 
himselfe  with  the  throng,  close  by  the  Scallold, 
and  there  leaned  till  the  Sheritie  brought  up 
sir  Griffin  Mark  ham  to  the  place,  who  was  the 
man  appointed  fir^t  to  die. 

There  the  sayd  tir  Griftin  Markham,  hauing 
ended  his  pmyer,  and  made  himselfe  rcadic  to 
kneele  downc,.  Mr.  John  Gibb  finding  it  fit 
time,  while  the  axe  was  preparing,  to  giue  some 
secret  notice  of  his  charge,  called  to  my  cousin 
Tichbourne,  the  Sheriffc,  to  speakc  with  him, 
and  then  dcliuered  him  (prinatciy)  his  majesties 
Warrant,  with  further  direction.-)  ucrbally,  how 
lie  should  vse  it. 

Herevpon  the  Shcriife,  perreiuing  fully  his 
majesties  intention,  so  wuiily  and  discreetly 
marshalled  the  matter,  ns  bee  ouely  called  sir 
G rutin  Markham  vuto  Lira  on  the  Scallold, 
and  told  him,  that  he  must  withdraw  him>elfe 
into  the  Hall,  to  be  confronted  (before  his 
death)  before  those  two  lords,  that  were  to 
follow  him,  about  some  points  that  did  concern 
his  majesties  seruice  ;  and  so  carrying  Mark- 
ham into  the  Hall,  lie  left  him  there,  and  went 
vp  hastily,  tor  the  lord  Gray,  to  the  Castle, 
Mho  Icing  likewise  brought  vp  to  the  Scaffold, 
and  suffered  to  powre  out  hi*  prayers  to  God, 
at  great  length,  mid  to  make  his  last  Confes- 
sion, as  he  would  answer?  it  upon  bis  soule, 
when  he  was  reodie  to  kneele  downe,  to  rtcciue 
the  stroke  of  death,  Master  Sheritie  caused 
him  to  stay,  and  told  him  that  he  must  goe 
4owae  for  a  while  into  the  Hull,  where  finding 


sir  Griffin  Markham,  he  willed  him  to  tarry 
them  till  he  returned. 

La.?t  of  all,  he"  went  for  the  lord  Cobham, 
who  bluing  also  ended  his  deuotion  to  God, 
and  making  himselfe  ready  to  receiue  the  same 
blowt  the  Sheriflv  finding  the  time  come  to  pub- 
lish the  king's  mercie  to  the  worlde,  and  to  re- 
uealc  his  mysterie,  he  caused  both  the  lord 
Gray  and  sir  Griffin  Markham  to  be  brought 
backe  to  the  Scaffold,  and  there,  before  thein 
all  three  that  were  condemned,  and  in  the 
hearing  of  all  the  company,  notified  his  majes- 
ties Warrant,  by  which  lie  was  authorised  to 
stay  the  Execution.  Wliich  strange  srnd  vn- 
deserved  grace  and  mercie,  proceeding  from  a 
prince,  so  deeply  wounded  without  cause,  or 
colour  of  cause  giuen  by  himselfe  toward  them 
in  any  thing,  but  meerely  contrary  (to  both 
the  loids  especially)  bred  in  the  hearts,  as  well 
of  the  offenders  ^is  of  the  standers-by,  such/ 
sundry  passions,  according  to  the  diuers  tem- 
pers of  their  minds,  as  to  some  that  shall  re- 
ceiue those  things  by  report,  which  others  did 
behold  with  their  eyes,  my  relation  may  rather 
seeme  to  be  a  description  of  some  ancient  His- 
tory, expressed  in  a  well-acted  comedy,  than 
that  it  was  euer  possible  for  any  other  man  to 
represent,  at  one  time,  in  a  matter  of  this  con- 
sequence, so  many  liuely  figures  of  justice  and 
mercy  in  a  king,  of  terror  and  penitence  in  of- 
fenders, and  of  so  great  admiration  and  ap- 
plause in  ail  others,  as  appeared  in  this  ac- 
tion, carried  only  and  wholly  by  his  majesties 
owne  direction. 

The  lord  Co  Mi  am  (holding  his  hand  to  hea- 
ucn)  applauded  this  incomparable  mercie  of  so 
gracious  a  soueraigne,  nggrauating  his  owne 
fault,  by  comparing  it  with  the  princes  clemen- 
cie,  wishing  confusion  to  all  men  uliue,  that 
should  euer  thinke  a  thought  against  such  a 
prince,  as  neither  gnue  cause  of  offence,  nor 
tooke  reuenge  of  ingratitude. 

The  lord  Gray,  finding  in  what  measure  tliis 
rare  king  had  rewarded  good  for  euill,  and  for- 
borne to  make  him  an  example  of  discounige- 
ment  and  terror  to  all  men  that  hereafter  might 
attempt  to  break  the  bonds  of  loyalty,  vpon 
the  passions  of  any  ambition,  began  to  sob  and 
weep  for  a  great  while,  with  most  deep  contri- 
tion, protesting  now,  that  such  was  his  zeale 
and  desire  to  redevme  his  fault  by  any  meaues 
of  satisfaction,  as  he  could  easily  sacrifice?  his 
life,  to  pseuent  the  lo?sc  of  one  finger  of  that 
myall  hand,  that  had  dealt  so  mercifully  with 
hiin,  when  he  least  looked  for  it. 

Sir  Griliin  Markham  (standing  like  a  man 
astonished)  did  nothing  but  admire  and  pray. 
The  people  that  were  present  witnessed,  by  in- 
finite applause  and  shouting,  the  joy  and  com- 
fort which  they  took  in  these  wonderful  1  effects 
of  grace  and  mercy,  from  a  prince  whonie  God 
bad  inspired  with  so  many  royal  I  gifts  for  their 
conseruation,  and  would  conserue  for  his  owne 
glorie. 

The  crie  being  carried  out  of  the  Castle- 
gutes  into  the  town,  was  nut  onely  sounded  with 
acclamation  of  all  sexes,  qualities  and  ajfcctioa, 


69] 


STATE  TRIALS,  1  James  I.  1004.— Hampton  Court  Conference. 


[70 


but  the  true  report,  diuulged  since  in  ail  partes, 
hath  bred  ill  live  %voon>t  disposed  mindes,  such 
remorse  of  iniquitie,  in  ihe  best  such  incourage- 
loejit  to  loyaltie,  and  iu  those  that  are  indif- 
ferent such  feare  to  offend,  and  generally  such 
affection  to  his  majesties  person,  as  persuades 
the  v\  hole  world,  that  Sat  ban  hiinselfe  can  neuer 
so  far  prevail  with  any,  as  to  make  them  lift  vp 
their  hearts  or  hands  against  a  prince,  from 
whom  they  receiue  such  true  effects  of  j  ustice 
sod  goodness. 

To  concluue,  therefore,  I  haue  now  done 
my  best  to  satisfy  your  desire,  though  I  feele 
to  my  grlefe,  how  short  I  come  to  my  own  wish  ; 
because  I  would  haue  expressed  to  the  life,  it' 
khud  been  possible,  both  the  matter  and  the 
forme  of  this. proceeding;  of  both  which  the 
wisest  men,  that  haue  seene  and  vnderstoode 
all  particular  circumstances,  are  at  the  eude  of 
their  wits,  to giue  an  absolute  censure,  whether 
of  them  both  deserue  greater  recommendation  : 
this  being  most  assured,  that  there  is  no  record 
extant,  wherein  so  great  wisdome  and  vnder- 
staodinge,  so  solid  judgement,  so  perfect  a  re- 
solution, to  giue  way  to  no  request,  or  media- 
tion: so  inscrutable  a  heart,  so  royall  and 
equal  a  tempered  mercie,  after  so  clear  and 
publike  justice,  haue  euer  concurred  so  de- 
monstratiuely  as  in  this  late  action,  wherein 
this  blessed  king  hath  not  proceeded  after  the 
manner  of  men  and  of  kings,  Sed  calrstis  Ju- 
dtcisy  eternique  Regis  more,  whereof  he  shall 
I*  most  assured  to  reapc  these  tasting  fruitcs, 
ofbeiog  beloued  and  feared  of  all  men,  obeyed 
with  comfort,  and  serued  with  continual!  joy 
and  admiration.  And  so  forbearing  to  hold 
you  any  longer  at  this  time,  I  end.  From  my 
house,  neere  Salisbury,  the  15th  of  Dec.  1(303. 
Your  lovin  cousin  and  friend,  T.  M. 

His  Majesties  Warrant,  written  with  his  own 

hand. 

'  Although  it  be  true,  that  all  veil  gouerntd 
'  and  flourishing  kingdoiues  and  common 
'  ?t  alt  his  are  established  by  iustice,  and  that 
1  these  tuo  noblemen  by  birthe,  that  aire  nou 


*  upon  the   point  of  Execution,  aire  for  thair 

*  treasonable  practices  coudemnid  by  tlie  lawe, 
'  and  adiudgit  worthy  of  the  Execution  thaireof, 
'  to  the  example  and  terror  of  utheris;  the  one 
'  of  thaim  hailing  filthily  practised  the  ouer- 
'  tlirow  of  the  quhole  kingdome,  and  the  other 
'for  the  surpri;>e  of  our  owin  personne;  yet 
'  in  regaird  that  this  is  the  fimt  yeere  of  out 
'  raignc,  in  this  kingdome,  and  that  neuer  king 
'  was  so  kirre  oblisheid  to  his  people  as  ve  haue 
'  bene  to  this,  by  our  entrie  heere  with  so 
4  hairtie  and  generall  an  applause  of  all  sorts ; 
'  among  quhom  all  the  kinne,  friend  is,  and  allies 
i  of  the   saidis  condemnid  personnis  vaire  as 

*  ibrduart  and  duetifuil  as  any  other  our  good 

*  subjects,  as  also  that  at  the  very  time  of  thair 
'  arraineincnt  none  did  more  freely  and  reddily 

*  giue  thair  assent  to  their  conuiction,  and  to 
'  deliuer  thaim  into  the  hand  is  of  iustice,  then 
'  so  many  of  thair  neerest  kinsmen  and  allies 
'  (as  being  peeris)  vaiere  vpon  thair  iurie;  as 
'  likeuaise  in  regard  that  iustice  hath  in  some 

*  sort  gottin  course  akeadie,  by  the  execution 
'  of  the  tuo  priestis,  and  George  Brooke,  that 

*  vaire  the  principall  plotteris  and  intisuirs  of 
'  all  the  rest,  to  tl»e  embracing  of  the  saiddrs 

*  treasoirahill  machinations;  vee  thai r fore  (be- 

*  ing  resoluid  to  mix  clemencie  with  iustice) 
'  aire  contented,  and  by  these  presentis  com- 
'  inand  you,  our  sheriffe  of  Hampshire,  to  su- 

*  perseide  the  execution  of  the  saidis  tuo  noblc- 
'  men,  and  to  take  thaim  backe  to  thair  pri>on 

*  agaiue,  quhile  our  further  pleasure  be  knowin. 
'  And  since  vee  vill  not  haue  our  lawis  to  haue 
'  respect  to  personnis,  in  spairing  the  great,  and 
'  sirikking  the  meaner  sort;  it  is  our  pleasure, 
(  that  the  like  course  be  also  taken  with  Mark- 
'  ham,  bestir  sorry  from  our  hairt,  that  such  is, 

*  not  only  tne  hey  nous  naiure  of  the  saidis  con- 

*  demnid  personnis  crime,  but  euen  the  corrupt 
'  .tion  is  so  great  of  thair  n at u rail  disposition,  as 
'  the  care  vee  haue  for  the  safety  and  quiet  of 

*  our  state,  and  good  subiectis,  vill  not  permit 

*  vs  to  vse  that  ciemencie  tovardis  thaim, 
i  quhich,  in  our  owin  natural!  inclination,  vee 
'  micht  very  easily  be  persuadit  vnto.' 


76.  Proceedings  in  a  Conference  at  Hampton  Court,  respecting 
11efor3i  a  tion  of  the  Church  :*  1  Jac.  a.  d.  1G04.  [Fullers 
Church  Hist.  673.     2  Neal.  5.    2  Kcnnett's  Com  pi.  Hist.  665.] 

A.XD  now,  because  there  was  a  general  ex- 
pectation of  o  parliament,  suddenly  to  suc- 
ceed, the  Presbyterian  party,  that  they  might 


not  be  surprised,  before  they  had  their  tackling 
about  them,  went  about  to  get  hands  of  the  mi- 


•  Bishop  Kennett  says,  "  This  Conference 
at  lUuipton -Court  was  but  a  blind  to  introduce 
Episcopacy  in  Scotland,  all  the  Scotch  noble- 
men then  at  Court  being  designed  to  be  pre- 
sent, and  others,  both  noblemen  and  ministers, 
.  being  called  up  from  Scotland  to  assist  at  it,  by 
the  Km|>  Letter. 


nisters  to  a  petition,  which  they  intended  sea- 
sonably to  present  to  the  king  and  parliament. 
Mr.  Arthur  Hilder*hum,und  Sir.  Stephen  E^er- 
ton,  with  some  others  were  chosen,  and  chiefly 
intrusted  to  manage  this  important  business. 
This  was  culled  The  Millenary  Petition,*  as, 
One  of  a  thousand,  though  indeed  there  wcie 
but  seven  hundred  and  fifty  preachers  hands  set 
thereunto  :  lait  those  all  collected  only  out  of 
five  and  twenty  counties.      However,  for  the 

*  The  Petition  is  inserted  at  the  eud  of  tlie 
proceedings  at  this  Conference. 


?1] 


STATE  TRIALS,  1  James  I.  100+.— Hampton  Court  Conference, 


[72 


more  rotundity  of  the  number,  and  grace  of  the 
matter,  it  pnsseth  for  ti  full  thousand  ;  which, 
no  doubt,  the  collectors  of  the  names  (it*  so 
pleased)  might  easily  have  compleated.  I  dare 
not  guess  what  made  them  desist  before  their 
number  was  finished  ;  whether  they  thought 
that  these  were  enough  to  do  the  deed,  and 
more  were  rather  for  ostentation  than  use;  or, 
because  disheartened  by  the  intervening  of  the 
Hampton-court  Conference,  they  thought,  that 
these  were  even  too  many  to  petition  tor  a  de- 
nial. It  is  left  as  yet  uncertain,  whether  this 
Conference  was  by  the  kind's  favour  graciously 
tendered,  or  by  the  mediation  of  the  lords  of 
his  council  powerfully  procured  ;  or  by  the  bi- 
shops, as  confident  of  their  cause,  voluntarily 
proffered;  or  by  the  ministers  importunity  ef- 
fectual I  v  obrained.  Each  opinion  pretends  to 
probability,  but  the  Ian  most  likely.  And,  by 
what  means  soever  this  Conference  was  com- 
passed, Hampton-court  was  the  Place,  the  11th 
of  January  the  time,  and  the  following  Names 
the  peipous  which  were  employed  i hen  in. 

For  Conformity. — Archbishop  of  Cantcr- 
buiy,  Whitgift. — Bishops  of  London,  Bancroft; 
Durham,  Mathew;  W inches' er,  Bilson ;  Wor- 
cester, Babiugton ;  St.  David's,  Rudd;  Chi- 
chester, Watson ;  Carlisle,  Robinson;  Peter- 
borough, Dove. — Deans  of  the  Chapel  ;*  Christ- 
Church;  Worcester;  Westminster,  Andreses; 
St.  Paul's,  Ovcr.ill ;  Chester,  Barlow ;  Salisbury, 
Bridges  ;  Windsor. — Drs.  Field  ;   hint:. 

Moderator,  king  James. — Spectators,  AH  the 
Lords  of  the  Privy  Council,  whereas  some  at 
times,  interposed  a  few  words. — Plaoe,  A  with- 
drawing room  within  (he  Privy  chamber. 

Against  Conioiimiiy,  Doctors  Reynolds; 
Sparks. — Messrs.  Knewstul>s;  Chaderton. — 
These  remaining  in  a  room  without,  were  not 
called  in  the  first  day. 

.-  To  omit  all  gratulatory  preambles,  as  neces- 
sary, when  spoken,  as  needless,  if  now  repeated, 
we  will  present  only  the  substance  of  this  day's 
Conference,  his  majesty  thus  beginning  it : 

His  Alujvsttf.  It  is  no  novel  device,  but  ac- 
cording to  the  example  ot  all  Christian  princes, 
f«>rkiii«:s  to  take  the  first  course  for  the  establish- 
ing ol  the  Church,  both  in  doctrine  and  policy. 
To  this  the  \ cry  Heathen  re!a*ed  in  their  pro\erb, 
a  J..vc  principtum,  particilarlv  in  this  land,  king 


where  I  sit  amongst  grave,  learned,  and  reve- 
rend men,  not  as  before,  else  w  I  it  re,  a  king 
■without  state,  without  honour,  *  it  bout  order, 
where  beardless  boys  would  brave  us  to  the  face. 
—And  I  assure  you,  we  have  not  called  this 
Assembly  tor  any  innovation,  for  we  acknow- 
lege  the  government  ecclesiastical,  as  now  it  i«t 
to  have  been  approved  by  manifold  blessing 
from  God  himself,  both  for  the  increase  of  the 
Gospel,  and  with  a  most  happy  and  glorious 
peace.  Yet  because  nothing  can  be  so  ahso* 
lntely  ordered,  but  that -something  may  be  added 
thereunto, aud  corruption  in  any  state  (as  in  the 
body  of  man)  w ill  insensibly  grow  cither  through 
time  or  persons;  and  because  we,  have  received 
many  complaints  since  our  first  entrance  into 
tins  kingdom  of  many  disorders,  and  much  dis- 
obedience to  the  laws,  with  a  great  falling  away 
to  popery ;  our  purj>ose  therefore  is,  like  a  good 
physician,  to  examine  and  tiy  the  complaint?, 
and  fully  to  remove  the  occasions  thereof,  if 
scandalous;  cure  them,  if  dangerous;  and  take 
knowledge  of  them,  if  but  frivolous,  therchv  to 
cast  a  sop  into  Cerbcrus's  mouth,  that  he  bark 
no  more.  For  this  cau«>e  we  have  called  von 
bishops  and  deans  in,  severally  by  yourselves, 
not  to  be  confronted  by  the  contrary  opponents, 
that  if  any  thing  should  be  found  meet  to  be  re- 
dressed, it  might  be  done  without  any  visible 
alteration. — Particularly  there  be  some  special 
points  wherein  1  desire  to  be  satisfied,  and  which 
may  be  reduced  to  three  heads:  1.  Concerning 
the  Book  of  Common-prayer,  and  divine  ser- 
vice used  in  the  Church.  2.  Excommunication 
in  ecclesiastical  courts.  3.  The  providing  of 
fit  and  able  minister*  for  Ireland.  In  the  Coin- 
mon-nraver  Book  I  reouire  satisfaction  about 
three  things: — First  about  Confirmation  :  For 
the  vciy  uame  thereof,  if  arguing  a  Continuing 
of  Baptism,  as  if  this  sacrament  without  it  it  ere 
of  no  validity,  is  plainly  blasphemous.  For 
though  at  the  first  use  thereof  in  the  Chinch,  it 
was  thought  necessarv,  that  baptised  infanK, 
who  fonnerlv  had  answeied  hv  then  natriu', 
should,  when  come  to  years  of  riiscn  lion,  after 
their  profession  marie  bv  themst  Ives,  be  con- 
tinued with  the  blessing  of  the  bishop,  1  abhor 
the  abtt«.e  where. u  it  iv  made  a  sacrament,  or  cor- 
rohoratiiu  to  B-tptism. — As  for  Ahsoiutim.  I 
know  not  how  it  is  used  in  our  Church,  but 


lleiirv  the  f!t!»,  towards  the  end  of  his  reign,  al-  i  have  heard  it  likened  to  the  pope's  p.irdons. 


tried  much,  king  Edward  the  tith  m»  re,  ipiern 
Mary  reversed  all,  and  lastly,  rjii«en  Elizabeth, 
(of  famous  iin  inorv)  st'tth'd  r-vligio'i  as  uow  it 


There  be  indeed  two  knd-.  thereof  from  <«od  : 
O  ic  general,  all  prayer*  "ii  1  preaching  nnj.oit- 
ing  :m   Absolution.       I  he  o'her   particular  to 


etandeth. — Hen  in  I  am  haj  pier  than  they,  be-  \  sptcial  parties,  having  committed  a  sc.und:il,  and 


caiof  they  were  tain  to  aiter  all  things  they 
found  established,  whereas  I  -see  yet  no  such 
cause  to  change,  as  confirm  what  I  find  well 
settled  already.  For  hhvid  be  God's  gracious 
goodness,  who  hath  brought  me  into  the  pio- 
mised  Lund,  wheie  religiiu  is  purely  professed, 

*  Though  all  these  Deans  were  summoned 
by  letters, "and  present  in  the  Presence-cham- 
ber; yet  only  five,  (viz.  of  the  ChapcL.VVett- 
niinster,  Paul's,  Chester  and  Salisbury)  on  the 
first  day  were  called  ia. 


repenting:  otherwise,  when  Excommunication 
piccedes  not,  in  my  judgment  there  neels  no 
Absolution. —  Private  Baptism  is  the  third  thing 
whereiu  I  wV.uld  he  satisfied  in  the  Common- 
prayer:  If  called  privati  l.omthr  place,  I  think 
it  agreeable  with  the*  use  of  the  pi  motive  Church  ; 
but.  if  tinned  private,  that  any,  besides  a  law- 
ful minister,  may  baptise,  I  utterly  dislike  it. 
[And  here  his  Majesty  grew  somewhat  earnest 
in  his  expressions,  against  the  baptising  by  wo- 
men and  bucks.] 
"  In  the  secoud  Head  of  Excommunication, 


73]       STATE  TRIALS,  1  Jamrs  I.  1604.— respecting  Reformation  of  the  Church.      [74 


I  offer  two  things  to  be  considered  of:  first  the 
Mutter,  secondly  the  Person*,  lor  the  first,  I 
would  be  satisfied,  whether  it  be  executed  (as 
it  is  complained  of  to  me)  in  light  causes,  and 
that  too  commonly,  which  causeth  the  under- 
valuing thereof.  For  the  Person-,  I  would  be 
resolved,  why  Chancellors  and  Commissaries,' 
bring  laymen,  should  do  it,  and  not  rather  the 
bishops  themselves,  or  some  minister  of  gravity 
and  account,  deputed  by  them  for  the  more 
dignity  to  so  high  and  weighty  a  censure.  As 
for  providing  ministers  for  Ireland,  I  shall  refer 
it  in  the  hist  days  Conference  to  a  consultation. 

*  _ 

Abp.  of  Canterbury.  Confirmation  hath 
b^f  n  u*ed  in  the  Catholic  Church  ever  since 
the  Apostles;  and  it  is  a  very  untrue  suggestion 
(if  any  have  informed  your  highness)  that  the 
Church  of  England  holds  Baptism  imperfect 
without  it,  as  adding  to  the  virtue  and  strength 
thereof. 

huhop  of  London.  The  authority  of  Con- 
firmation depends  not  only  on  antiquity,  and 
the  practice  of  the  Primitive  Church,  but  is  an 
Apostolical  Institution,  named  in  express  words, 
Hcb.  vi.  2.  and  so  did  Air.  Calvin  expound  the 
very  place,  earnestly  wishing  the  restitution 
thereof  in  the  reformed  Churches.  [The  bishop 
of  Carlisle  is  said  gravely  and  learnedly  to  have 
urged  the  same,  and  the  bishop  of  Durham 
noted  something  out  of  S.  Matthew  for  the  in- 
position  of  hands  on  children.] 
The  conclusion  was  this,  For  the  fuller  explana- 
tion that  we  make  Confirmation,  neither  a  Sa- 
crament nor  a  Corroboration  thereof,  their 
lordships  should  consider  whether  it  might  not 
without  alteration  (whereof  his  majesty  was 
still  very  wary)  be  intituled  an  Examination 
with  a  Confirmation. 

Abp.  of  C.  As  for  the  point  of  Absolution 
(•herein  your  majesty  desires  satisfaction)  it  is 
clear  from  all  abu>e  or  superstition,  as  it  is  used 
in  our  Church  of  England,  as  will  appear  on 
the  reading  both  of  the  Confession  and  Abso- 
lution following  it,  in  the  beginning  of  the  Com- 
munion book.  [Here  the  king  perused  both, 
and  returned] 

His  Mj.  I  like,  and  approve  them,  finding 
it  to  be  very  true  what  you  say. 

Bp.  of  hand.  It  becometh  us  to  deal  plainly 
with  your  Majesty.  There  is  also  in  the  book 
a  more  particular  and  personal  Absolution  in 
the  Visitation  of  the  Sick;  [Here  the  dean  of 
the  chapel  turned  unto  it  and  read  it.] 

Bp.  of  Jjond.  Not  only  the  confessions  of 
Augusta,  Boheme,«nd  Saxon,  retain  and  allow 
it,  but  Mr.  Calvin  also  doth  approve,  both  such 
a  general,  and  such  a  private  (for  so  he  terms 
it)  Confe^ion  and  Absolution. 

His  Maj.  I  exceedingly  well  approve  it, 
being  an  Apostolical  and  Godly  Ordinance, 
given  in  the  name  of  Christ,  to  one  that  desireth 
it,  upon  the  clearing  of  his  conscience. 
The  conclusion  was  this,  That  the  bishops 
should  consult,  whether  unto  the  rubric  of  the 
general  Absolution,  these  words,  Remission  of 
fcins,  might  not  lie  added  for  explanation  sake. 
Abp.  ofC.    To  the  point  of  Private  Baptism, 


the  administration  thereof  by  women  and  lay- 
persons is  not  allow  ed  in  the  practise  of  the 
Church,  but  enquhed  of,  and  censured  by 
bishops  in  their  visitations. 

His  Mai.  The  words  of  the  Book  cannot 
but  intend  a  permission  of  women  and  private 
persons  to  baptise. 

Bp.  of  Wore.  The  doubtful  words. may  be 
pressed  to  that  meaning ;  yet  the  Compilers  of 
the  Book  did  not  so  intend  them,  as  appeareth 
by  i heir  contrary  practice.  But  they  pro- 
pounded them  ambiguously,  because  otherwise 
(perhaps)  the  Book  would  not  (then)  have 
passed  the  parliament. 

Bp.  of  Lond.  Those  reverend  men  intended 
not  by  ambiguous  terms  to  deceive  any,  but 
thereby  intended  a  permission  of  private  per* 
sons  to  baptise,  in  case  of  necessity.  Tins  is 
agreeable  to  the  practice  of  the  ancient  Church, 
Act.  ii.  when  three  thousand  being  baptised  in 
a  day,  (which  for  the  Apostles  alone  to  do, 
was  [at  the  least]  improbable)  some  being 
neither  priests  nor  bishops,  must  be  presumed 
employed  therein,  and  some  Fathois  arc  of  the 
same  opinion.  Here  he  spake  much,  and  ear* 
nest  I  v  about  the  necessity  of  Baptism. 

His  Maj.  That  in  the  Acts  was  an  act  ex- 
traordinary, and  done  before  a  Church  was 
settled  and  grounded,  wherefore  no  sound  rea- 
soning thence  to  a  Church  established  and 
flourishing.  I  maintain  the  necessity  of  Bap- 
tism, and  always  thought  the  place  John  iii.  5. 
"  Except  one  be  bom  again  of  water,*'  &c. 
was  meant  thereof.  It  may  seem  strange  to 
you,  my  lords,  that  I  think  you  in  England  give 
too  much  to  Baptism,  seeing  fourteen  months 
ago  in  Scotland,  I  argued  with  my  divines 
there,  for  attributing  too  little  unto  it ;  Inso- 
much that  a  pert  minister  asked  me,  if  I  thought 
Baptism  so  necessary,  that,  it  omitted,  the  child 
should  be  damned.  1  answered,  no:  But  if 
you,  called  to  baptise  a  child,  though  privately, 
refuse  to  come,  I  think  you  shall  be  damned.— 
But,  this  necessity  of  Baptism  I  so  understand, 
that  it  is  necessary  to  be  had,  if  lawfully  to  be 
had,  that  is,  ministered  by  lawful  ministers,  by 
whom  alone,  and  no  private  person  in  any  case, 
it  may  be  administered :  though  I  utterly  dis- 
like ail  lle-haptization  on  those  whom  women 
or  laics  have  baptised. 

Bp,  if  Winch.  To  deny  private  persons  to 
baptise  in  case  of  necessity,  were  to  cross  all 
antiquity,  and  the  common  practice  of  the 
Church,  it  being  a  rule  agreed  on  amongst 
divine*,  that  the  miuister  is  not  of  the  essence 
of  »he  sacrament. 

Hi*  maj.  Though  he  be  not  of  the  essence  of 
the  sacrament,  yet  is  be  of  the  essence  of  the 
right,  and  lawful  ministry  thereof,  according  to 
Christ's  commission  to  his  disciples,  '*  Go 
preach  and  baptihe,"  &c. 

The  result  was  this,  To  consult,  whether  in 
the  rubric  of  Private  Baptism,  which  leaves  it 
indifferently  to  all,  these  words,  Curate,  or  law- 
ful Miuister,  may  not  be  inserted. — For  the 
point  of  Excommunication,  his  mojesty  pro- 
pounded, whether  in  causes  of  lesser  moment 


»« 


STATE  TRIALS,  1  James  I.  1 60*.— Hampton  Court  Conference, 


[70 


the  name  might  not  be  altered,  and  the  same 
censure  retained.  Secondly,  whether  in  place 
thereof  unother  coercion,  equivalent  thereunto, 
mi^lil  not  be  invented?  Which  all  sides  easily 
Yielded  unto,  as  long  and  often  desired;  and 
to  was  the  end  of  tiie  first  day's  Conference. 

On  Monday  Jan.  10,  thev  all  met  in  the 
same  place,  with  all  the  diuns  and  doctors 
above  n j cm  ion  ed  ;  (I'atricL  Galloway,  minister 
of  Perth  iu  Scotland,  admitted  also  to  be  there) 
And  hopeful  prince  Henry  sat  on  a  stool  by  his 
father.  The  king  made  a  pithy  Speech  to*  the 
same  purpose  which  lie  made  the  first  day,  dif- 
fering only  in  the  conclusion  thereof,  being  an 
address  to  the  four  opposers  of  conformity,  there 
present,  whom  lie  understood  the  most  grave, 
learned,  and  modest  of  the  aggrieved  sort,  pro- 
fessing himself  ready  to  hear  at  large  what  they 
could  object,  and  willed  them  to  begin. 

Dr.  Kcyn.  All  tilings  disliked  or  questioned, 
may  be  reduced  to  the  be  four  heads  ; 

1.  That  the  Doctrine  of  the  Church  might 
be  preserved  in  purity,  according  to  God's 
Word. — 2.  That  good  pastors  might  be  planted 
in  all  Churches  to  preach  the  same. — 3.  That 
the  Church- government  might  be  sincerely 
ministered  according  to  God's  Word. — 4.  That 
the  Book  of  Common- Prayer  might  be  fitted  to 
more  increase  of  piety. — For  the  first,  may 
your  majesty  be  pleased,  that  the  Book  of  Ar- 
ticles ot  Religion  concluded  on  15612,  may  be 
explained  where  obscure,  enlarged  where  de- 
fective, \iz.  Whereas  it  is  said,  Art.  16.  "Af- 
ter we  have  received  the  Holy  Ghost,  we  may 
depart  from  grace."  Those  words  may  be  ex- 
plained with  this  or  the  like  addition.  Vet  nei- 
ther totally,  nor  finally.  To  which  end  it  would 
do  very  well,  if  the  nine  orthodoxnl  Assertions, 
concluded  on  at  Lambeth,  might  be  inserted 
into  the  Book  of  Articics.---Sccondly,  whereas 
it  is  said  in  the  23rd  article,  "  that  it  is  not 
lawful  for  any  iu  the  congregation  to  preach, 
before  he  be  lawfully  called:"  these  words 
ou^ht  to  be  altered,  because  implying  one  out 
of  the  congregation  may  preach,'  though  not 
lawfully  called. — Thirdly,  in  the  25th  article 
there  scemeth  a  contradiction,  one  passage 
therein  confessing  Confirmation,  to  be  a  de- 
praved imitation  of  the  Apostles,  and  another 
grounding  it  on  their  example. 

Bp,  of  Land.  May  your  majesty  be  pleased, 
that  the  ancient  Canon  may  he  remembered, 
Schismatici  contra  Episcopox  nun  sunt  uutli- 
endi.  And,  there  is  unother  Decree  of  n  very 
ancient  council,  That  no  man  should  he  ad- 
mitted to  speak  against  that  where  unto  he  h:ith 
formerly  subscribed. — And  ns  for  you  doctor 
Reynolds,  and  your  sociatcs,  how  much  are  ye 
bound  to  his  majesty's  clemency,  permitting 
you  contrary  to  the  statute  1  Eliz.  so  freely  to 
hpeak  against  the  Liturgy,  and  Discipline  esta- 
blished. Fain  would  I  know  the  end  you  aim  at, 
and  whether  you  be  not  of  Mr.  Cartwright's 
mind,  who  affirmed,  that  we  ought  in  ceremo- 
nies rather  to  conform  to  the  Turks  than  to  the 
Papists.  1  doubt  you  approve  his  position,  be- 
came here  appearing  before  hit  majesty  in 


Turkey-gowns,  not  in  your  scholastic  habits,  ao 
cording  to  the  order  of  the  universities. 

His  Majesty.  My  Lord  Bishop,  something 
iu  your  passion  I  may  excuse,  and  somt  thing  f 
must,  imslike.  I  may  excuse  you  thus  tar, 
That  I  think  you  liuve  just  cause  to  be  moved, 
in  respect  that  they  traduce  the  well-settled  go- 
vernment, and  also  proceed  in  so  indirect  a 
course,  contrary  to  their  own  pretence,  and  the 
intent  of  this  meeting.  1  mislike  your  s>uddeu 
interruption  of  doctor  Reynolds,  whom  you 
slipuld  have  suffered  to  have  taken  his  liberty; 
For,  there  is  no  order,  nor.  can  be  any  ctlec- 
tual  issue  of  disputation,  if  each  parly  he  not 
suffered,  without  chopping,  to  speak  at  lar^e* 
Wherefore,  cither  let  the  doctor  proceed,  or 
frame  your  answer  to  his  motions  already  made, 
although  some  of  them  arc  very  needlets. 

Bp.  of  Land.  Upon  the  first  motion  con- 
cerning Falling  from  Grace,  may  your  majesty 
be  pleaded  to  consider  how  many  in  these  days 
neglect  holiness  of  hie,  presuming  on  persisting 
in  Grace  upon  Predestination,  "  If  I  shall  be 
saved,  I  slrdl  be  saved."  A  desperate  doctrine, 
contrary  to  good  divinity,  wherein  we  should  rea- 
son rutlier  asetndendo  than  descendendo,  from 
our  obedience  to  God,  and  love  to  our  neigh- 
bour, tc  our  election  and  predestination.  As 
for  the  Doctrine  of  the  Church  of  England, 
touching  Predestination,  it  is  in  the  very  next 
paragraph,  viz.  "  We  ritust  receive  God's  pro- 
mises in  such  wi.se  as  they  be  generally  set  forth 
to  us  in  Holy  Scripture,  and  m  our  doings  the 
will  of  God  is  to  be  followed,  which  we  have 
expressly  declared  unto  us  iu  the  Word  of 
God." 

His  Majesty.  I  approve  it  very  well,  as 
consonant  with  the  place  of  Paul,  "  Work  out 
vour  salvation  with  fear  and  trembling."  Yet 
let  it  be  considered  of,  whether  any  thing  were 
meet  to  be  added  for  clearing  of  die  doctor's 
doubt,-  by  putting  in  the  word  often,  or  the  like. 
Mean  time,  I  wish  that  the  doctrine  of  Predes- 
tination may  be  tenderly  handled,  lest  on  the 
one  side  God's  omuipoteucy  be  questioned  by 
impeaching  the  doctrine  of  his  eternal  Predes- 
tination, or  on  the  other  side  a  desperate  pre- 
sumption a r reared,  by  inferring  the  necessary 
certainty  of  persisting  in  Grace. 

Bp.  of  Loud.  The  second  Objection  of  the 
doctor's  is  vain,  it  being  the  doctrine  and  prac- 
tice of  the  Church  of  England,  that  none  but  i\ 
licensed  minister  may  preach,  nor  administer 
the  Lord's  Supper. 

His  Majesty.  As  for  Private  Baptism,  I 
have  already  with  the  bishop*  taken  order  for 
the  same. 

Then  came  they  to  the  2nd  point  of  Confirm- 
ation, and  upon  the  perusal  ot  the  words  of  the 
Article,  his  majesty  concluded  the  pretended 
contradiction  u  cavil. 

Bp.  of  Ijond.  Confirmation  is  not  so  much 
founded  on  the  place  in  the  Acts  of  the  apostles, 
but  upon  Ileb.  vi.  2.  which  was  the  opinion, 
l»esidej  the  judgment  of  the  Fathers,  of  Mr. 
Calvin,  and  doctor  Fulk ;  neither  needeth  there 
any  farther  proof,  seeing  (at  I  suppose)  he  that 


77]       STATE  TRIALS,  1  James  I.  tf<)4.— rafectin^  Reformation  rfthe  Church.       [7S 


objected  this  holds  not  continuation  unlawful ; 
but  he  and  his  party  are  >exed  that  the  use 
thereof  is  not  in  their  own  hands,  for  every 
vaster  to  continn  his  own  parish ;  for  then  it 
would  he  accounted  un  Apostolical  institution, 
it  Dr.  Reynolds  were  pleased  but  to  speak  his 
thoughts  therein. 

Dr.  llryn.  Indeed  seeing  some  didcese  of  a 
l.ih^p  hath  therein  six  hundred  Parishes,  it  is 
•*  tiling  very  inconvenient  to  permit  Confirma- 
tion to  the  bishop  alone  ;  and  I  suppose  it  im- 
possible that  he  can  tuke  due  examination  of 
ti*m  all  which  come  to  lie  confirmed. 

Bp.  of  Land.  To  the  matter  of  fact,  I  an- 
swer, that  bishops  in  their  Visitations  appoint 
either  their  chaplaius,  or  some  other  ministers, 
to  examine  them  which  are  to  be  confirmed, 
aad  lightly  confirm  none  but  by  the  testimony 
ct'die  parsons  uiid  curates,  where  the  children 
;ire  bred  and  brought  up. — To  the  Opinion  I 
rawer,  that  none  of  all  the  Fathers  ever  ad- 
mitted any  to  confirm  but  bishops  alone.  Yea, 
eren  St.  Jerome  liim self  (otherwise  no  friend  to 
bishops)  confessed)  the  execution  thereof  was 
restrained  to  bishops  only. 

Bp.  of  Winch.  Dr.  Reynolds,  I  would  fain 
lave  you,  with  all  your  learning,  shew  wherever 
Coohrmution  was  used  in  ancient  times  by  any 
ether  bishops;  These  used  it  partly  to  examine 
children,  and  after  examination  by  imposition 
of  hand*  (the  Jewish  ceremony  of  blessing)  to 
Ueu  and  pray  over  them ;  and  partly  to  try 
whether  they  had  been  baptised  in  the  right 
tuna  or  no.  For  in  former  ages  some  baptised 
•'i>they  ought)  in  the  name  ol  the  Father,  Son, 
tad  Holy  Ghost.  Some  (as  the  Arians)  in  the 
ume  of  die  Father  as  the  greater,  and  the  Son 
ia  th*  less.  Some  in  the  uuine  of  the  Father  by 
fee  Son,  in  the  Holy  Ghost.  Some  not  in  the 
name  of  the  Trinity,  but  only  in  the  Death  of 
Christ.  WliereujM)n  Catholic  bishops  were  con- 
tained to  examine  them  who  were  baptised  in 
nttolis,  concerning  their  Baptism,  if  right  to 
C9£i:rm  them,  if  amiss  to  instruct  them. 

tib  Majesty.  1  dissent  from  the  judgment 
<i  S.Jerome  in  his  assertion,  that  bullous  are 
£4t  of  divine  ordination. 

Bp.  of  Land,  Unless  I  could  prove  my  Or- 
^•'tsiion  lawful  out  of  the  Scriptures,  I  would 
uf.  be  a  bishop  four  hours  longer. 

Ha  Mo  it  sty.  1  approve  the  calling  and  use 
rflj^hops  in  the  Church,  and  it  is  my  aphorism, 
1  Xo  B:*hop,  No  King  ;*  nor  intend  I  to  take 
(/m£ i  illation  from  the  bishops,  which  they  have 
it  «jng  enjoyed.  Seeing  as  great  reason  that 
i.nt  thould  confirm,  as  that  none*  should 
)  rtfech  without  the  bishop's  license.  But  let  it 
U  referred,  whether  the  word  Examination 
wd*  not  to  he  added  to  the  ru brick  in  the  title 
"iX'jfifjrroation  in  the  Communion-hook.  And 
to*  Dr.  Reynolds  you  may  proceed. 

Dr.  Reyti.  I  protest  I  meant  not  to  gall  any 
ain,  tlioueh  I  perceive  some  took  personal  ex- 
ception* at  my  words,  and  desire  the  imputu- 
Urn  of  schism  may  not  be  charged  upon  me. 
1o  proceed  on  die  37  th  Article,  wherein  are 
lk«  words*  "  The  Bishop  of  Rome  hath  no 


authority  In  this  land."  These  are  not  sufficient, 
unless  it  were  ad  Jed,  nor  ought  to  have  any. 

His  Majesty.  Hubvmus  jure,  quod  habemut, 
and  therefore  in  as  much  as  it  is  said  he  lmth 
not,  it  is  plain  enough  that  he  ought  not  to 
have. 

Here  passed  some  pleasant  discourse  betnixt 
the  king  and  lords  about  puritans,  till  returning 
to  seriousness  :  There  be  jam  the 

Bp.  of  Loud.  May  it  please  your  majesty 
to  remember  the  Speech  of  the  French  ambas- 
sador, monsieur  Rcgnee,  upon  the  view  of  our 
solemn  service  and  ceremony,  viz.  That  if  the 
Reformed  Churches  in  France  had  kept  the 
same  order,  there  would  have  been  thousands 
of  Protestants  more  than  there  are. 

Dr.  Keyn.  It  were  well  if  this  proposition 
might  he  added  to  the  Book  of  Articles.  <  The 
intention  of  the  minister  is  not  of  the  essence 
of  the  sacrament,'  the  rather,  because  tome  in 
England  have  preached  it  to  lie  essential ;  and 
here  again  I  could  desire  that  the  nine  oitho- 
doxal  Assertions  concluded  at  Lambeth,  may 
be  generally  received. 

His  Maj.  I  utterly  dislike  the  first  part  of 
your  motion,  thinking  it  unfit  to  thrust  into  the 
Book  of  Articles  every  position  negative,  which 
would  swell  the  book  into  a  volume  as  big  as 
the  Bible,  and  confound  the  reader.  Thus 
one  M.  Craig  in  Scotland  with  his,  I  renounce 
and  abhor  his  multiplied  detestations  avid  abre- 
nuntiations,  so  amazed  simple  people,  that  not 
able  to  conceive  al!  their  tilings,  they  fell  back 
to  popery,  or  remained  in  their  former  igno- 
rance. If  bound  to  this  form,  the  confession  of 
my  faith  must  be  in  my  table-book,  not  in  my 
head.— Because  you  speak  of  Intention,  I  will 
apply  it  thus.  If  you  come  hither  with  a  good 
intention  to  be  informed,  the  whole  work  will 
sort  to  the  better  effect :  But  if  your  intention 
be  to  go  as  you  came,  whatsoever  shall  be  said, 
it  will  prove  the  intention  is  very  material  and 
essential  to  the  end  of  this  present  action. — As 
for  the  nine  Assertions  you  speak  of,  I  cannot 
suddenly  answer,  iu,t  knowing  what  those  Pro- 
positions of  Lambeth  be. 

lip.  of  Land.  May  it  please  your  majesty, 
this  was  the  occasion  of  them,  by  reason  of 
some  controversies  arming  in  Cambridge  about 
certain  points  of  divinity,  my  lord's  grace  as- 
sembler! some  divines  of  special  note  to  set 
down  thi'ir  Opinions,  which  they  drew  into 
nine  Assertions,  and  so  sent  them  to  the  Uni- 
versity for  the  appeasing  of  those  quarrels. 

His  Maj.  When  such  questions  arise 
amongst  scholars,  the  quietest  proceedings  were 
to  determine  them  in  the  Uuiversitv,  and  not 
to  stuff  the  Book  of  Articles,  with  all  Conclu- 
sions theological. — Secondly,  the  better  course 
would  he  to  punish  the  broudiers  of  false  doc- 
trine, than  to  multiply  Articles,  which,  if  never 
so  many,  cannot  pi  event  the  contrary  opinions 
of  men  till  they  be  heard. 

Dean  of  Pauls.  May  it  please  your  majesty, 
I  am  nearly  concerned  in  this  matter,  by  rea- 
son of  a  Controversy  betwixt  me  and  some 
other  in  Cambridge,  upon  a  Proposition  which 


79] 


STATE  TRIALS,  1  James  I.  lfi(H.—  Hampton  Court  Conference, 


[80- 


I  there  delivered,  namely,  that  whosoever 
(though  before  justified)  did  commit  any  griev- 
ous bin,  as  adultery,  murder,  &c.  do  become 
ipso  facto,  subject  to  God's  wrath,  and  guilty 
of  damnation,  quoad  pnexentam  statum,  until 
they  repent.  Yet,  so  that  those  who  are  justi- 
fied according  to  (lie  purpose  of  God's  Election 
(though  they  might  fill  into  grievous  sin,  and 
thereby  into  the  present  estate  of  damnation) 
Vet  never  totally  nor  finally  from  Justification  ; 
but  were  in  time  renewed  -by  God's  spirit  unto 
a  lively  taith  and  repentance.  Against  this 
doctrine  some  did  oppose,  teaching  that  per- 
sons once  truly  justified,  though  falling  into 
grievous  sins,  remained  still  in  the  state  of  Jus- 
tification, before  they  actually  relented  of  these 
sins  ;  yea,  and  though  they  never  repented  of 
them  through  forget  fulness  or  sudden  death, 
they  nevertheless  were  justified  and  sived. 

His  Maj.  I  dislike  this  doctrine,  there  be- 
ing a  necessity  id"  conjoining  repentance  and 
holiness  of  liie  with  true  taith,  and  that  is  hy- 
pocrisy, and  not  justifying  faith,  which  is  sever- 
ed from  them,  lor  although  Predestination 
and  Election  depend  not  on  any  qualities,  ac- 
tions, or  works  of  man  which  are  mutable,  but 
on  God's  eternal  Decree  :  yet  such  is  the  ne- 
cessity of  Repentance  after  known  sins  com- 
mitted, that  without  it  no  Reconciliation  with 
God,  or  Remission  of  Sins. 

Dr.  Hcj/n.  The  Catechism  in  the  Common 
Prayer-Book  is  too  brief,  and  that  by  Mr. 
Nowel  (late  dean  of  Pauls)  too  long  for  novices 
to  learn  by  heart.  1  icqucst  therefore  that  one 
uniform  Catechism  may  be  made,  and  none 
other  generally  received. 

His  Maj.  I  think  the  doctor's  request  vcrv 
reasonable,  yet  so,  that  th/1  Catechism  may  be 
made  in  the  fewest  and  plainest  uliirinutive 
terms  that  may  be,  not  like  the  many  ignorant 
Catechisms  in  .Scotland,  set  out  by  every  one 
who  was  the  Son  of  a  good  man  ;  insomuch 
that  what  was  Catechism-doctrine  in  one  con- 
gregation, was  scarcely  received  as  orthodox  in 
another  ;  and  herein  I  would  have  two  rules 
ob.seived  :  Fir*t,  That  curious  and  deep  qiu  s- 
tions  be  avoided  in  the  fundamental  instruc- 
tion of  a  people,  secondly,  That  there  should 
not  be  so  geuer.d  a  departure  from  the  papists, 
that  every  thin-;  should  be  accounted  an  error 
wherein  we  agree  win  them. 

Dr.  fti  un.  Great  is  the  profanation  of  the? 
Sabbath  day,  and  contempt  of  your  majesty's 
Proclamation,  winch  1  earnestly  desire  may  be 
reformed. 

This  in.iti  »n  found  an  unanimous  consent. 

Dr.  Rti/ti.  May  your  majesty  be  pleased 
that  the  llibic  be  new  translated,  such  as  are 
extant  not  answering  the  original,  and  he  in- 
*taiioe  i  in  three  pa-titulars. 

Gai.  >v.  '2'>. —  In  tiu  m-i^iual,  fum^u;  ill-trans- 
luted,  Borderrrth. — Ps.  cv.  Uli.  Orig.  They 
werenoi  d  -  >bedient;  ill-trans.,  Tliev  were 
not  onrdient. — Ps.  cvi.  30.  Orig.  Phine- 
has  executed  judgment ;  ill-trans.,  Plu- 
nehus  prayed. 

Bp.ofLand*  If  every  aiiii's  haiQQur  ought  be 


followed,  there  would  be  no  end  of  translating.  • 

Hit  Maj.  I  profess  I  could  neter  yet  see  a 
Bible  well  translated  in  English  ;  but  I  think, 
that  of  all,  that  of  Geneva  is  the  worst.  I  wUh 
some  special  pains  were  taken  for  an  uniform 
translation  ;  which  should  be  done  by  the  best 
learned  in  both  Universities,  then  reviewed  by 
the  bishops,  presented  to  the  privy  council, 
lasilv  ratified  by  royal  authority,  to  be  read  in 
the  whole  church,  and  no  other. 

Bp.  of  Lo'td.  But  ii:  is  tit  that  no  marginal 
note*  should  be  added  thereunto. 

His  Maj.  That  caveat  is  well  put  in,  for  in 
the  Geneva  translation,  some  notes  are  partial, 
untrue,  seditious,  and  savouring  of  traitorous 
conceits  :  As,  when  from  Kxodus  i.  IP.  Diso- 
bedience to  kings  is  allowed  in  a  marginal  note. 
And  2  Chron.  xv.  lti,  king  Asa  taxed  in  the 
note  for  only  deposing  his  mother  for  idolatry, 
and  not  killing  her.  To  conclude  this  point, 
let  errors,  in  matters  of  faith,  be  amended,  and 
indifferent  things  be  interpreted,  and  ;:  uloss 
added  unto  them.  For  as  Barnlu*  dc  Neguo 
saith,  that  a  king  with  some  weakness,  is  better 
than  still  a  change ;  so  ratl-er  a  (  imrcli  with 
some  faults,  than  an  innovation.  And  surelv, 
it  these  were  the  greatest  mutters  that  grieved 
you,  I  need  not  have  been  troubled  with  such 
importunate  complaints. 

Dr.  lteyn.  May  it  please  your  majesty, 
that  unlawful  and  seditious  books  be  suppress- 
ed, such  as  Ficlerus,  a  Papist,  Dc  Jure  Magi*- 
liatu$  in  Su  bd  it  as,  applied  against  the  late 
queen  for  the  Pope. 

Bp.  of  Land.  There  is  no  such  licentious 
divulging  of  those  books,  and  none  have  liber- 
ty, by  authority,  to  buy  them,  except  stub  us 
Dr.  Reynolds,  who  was  supposed  would  con- 
fute them.  And,  if  such  books  come  into  the 
realm  by  secret  conveyance-,  perfect  notice 
cannot  be  had  of  their  importation.  Besides, 
Ficlerus  \va-  a  great  disciplinarian,  whereby  it 
appears  what  advantage  that  sort  gave  unto 
the  Papists,  who,  mutatis  person  it,  apply  their 
own  arguments  against  princes  of  their  reli- 
lmoi),  thoimh  fonnv  part  1  detest  both  the  au- 
thor  and  upplier  alike. 

The  Ld.  Cecil.  Indeed  the  unlimited  liberty 
of  dispelling  Popish  and  seditious  pamph!<ts 
in  PauU  Church-yard,  and  both  the  Universi- 
ties, hath  done  much  miM'hief;  but  especially 
|  oiiecali'.kii  Speculum  Tn/gicum. 

Hit  Muj.    That  is  a  dangerous  book  indeed. 

L.  H.  Howard.  Both  for  matter  and  inten- 
tion. 

L.  Chan.  Of  such  Books,  some  are  Latin, 
some  are  English,  but  the  last  dispersed  do  most 
harm. 

Surcf.  Cecil.  But  tny  lord  of  London  (and 
no  man  else)  hath  done  what  he  cjuld  to  sup- 
press thrill. 

His  Muj.  Dr.  Reynolds,  vim  are  a  better 
college-man  than  a  states-man,  if  meaning  to 
tax  the  bishop  of  Ixiudon  for  MiiTcring  those 
books,  between  the  Secular  Priests  and  Jesuits, 
to  be  published,  which  he  did  by  warrant  from 
the  council,  to  nourish  a  schism  betwixt  them. 


$1]      STATE  TRIALS,  V  James  I.  \(m.—rtsperting  Rtformation  qf  the  Church.     [82 


Li.  Cecil.  Such  books  were  tolerated,  be- 
cause by  them  tiie  title  of  Spain  was  confuted. 
Li.  Treasurer.  And  because  therein  it  ap- 
pear*, by  the  testimony  of  the  priests  them- 
selves, that  no  Papists  are  put  to  death,  for 
conscience  only,  but  for  treason. 

Dr.  Hryn.  Indeed  I  meant  not  such  books 
as  were  printed  in  England,  but  only  such  as 
cane  from  beyond  the  seas.  And  now  to  pro- 
ceed to  the  second  general  point,  concerning 
tit  planting  of  learned  ministers,  I  desire  they 
be  in  every  parish. 

His  Maj.  I  have  consulted  with  my  bishops 
about  it,  whom  I  have  found  willing  -and  ready  ' 
kerait :  but,  as  subita  evacuutio  is  per icu losa  ; 
so  twbUa  mutatto:  It  cannot  presently  be  per- 
formed, the  Universities  not  affording  them. 
And, yet  tney  afford  more  learned  men,  than  the 
mum  doth  maintenance,  which  must  be  first 
provided.  In  the  mean  time,  ignoraut  minis- 
ters, if  young,  are  to  be  removed,  if  there  be  ' 
ao  nope  of  amendment;  if  old,  their  Heath 
must  be  expected,  because  Jerusalem  cannot 
be  built  up  in  a  day. 

Bp.  of  Winch.  Lay  patrons  much  cause  the 
iasumciency  of  the  clergy,  presenting  mean 
derks  to  their  cures  (the  law  admitting  of  such  1 
sufficiency)  and,  if  the  bis  hop  refuser  h  them, 
presently  a  quart  impedit  is  sent  out  against 
Las. 

Bp.  of  Land.  Because  this  I  sec  is  a  time 
of  moving  Petitions,  may  1  humbly  present  two 
er  three  to  your  majesty:  First,  That  there 
nay  oe  amongst  us  a  praying  ministry,  it  being  j 
now  come  to  pass,  thai  men  think  it  is  the 
aaly  duty  of  ministers  to  spend  their  time  in 
the  pulpir.  I  confess,  in  a  Church  newly  to  be 
piftnted,  preaching  is  most  necessary,  not  so  in 
uoe  long  established,  that  prayer  should  be 
neglected. 

His  Maj.  I  like  your  motion  exceeding  well, 
sad  dislike  the  hypocrisy  of  our  time,  who 
place  all  their  religion  in  the  ear,  whilst 
prayer  (so  requisite  and  acceptable,  if  duly 
performed)  is  accounted  and  used  as  the  least 
part  of  religion. 

Bp.  of  L-nd.  My  second  motion  is,  that 
■nil  learned  men  may  be  planted  in  every  con- 
pen' ion,  jrp-tly  homilies  may  be  read  therein. 

Btt  Maj.  1  approve  your  motion,  especially 
•hc:e  the  living  is  not  oumcicnt  for  the  main- 
tenance of  a  learned  preacher.  AJso,  where 
there  be  multitudes  of  sermons,  there  I  would 
ha\e  homilies  read  divers  times.  [Here  the 
king  aked  the  assent  of  the  plaiutiffs,  and  they 
confessed  it.] 

A  preaching  ministry  is  best,  but  where  it 
may  not  be  had,  godly  prayers  and  exhorta- 
tions do  ujuch  good. 

Li.  Chan.  Livings  rather  want  learned 
■en,  than  learned  men  livings  ;  many  in  the 
rnivemties  pining  for  want  of  places.  I  wish 
therefore  some  may  have  single  coats  (one  living) 
leJore  cithers  have  doublets  (pluralities).  And 
thai  method  I  have  observed  in  bestowing  the 
uar  s  benefices* 
Bp  sf  Lomd.    I  commend  your  honourable 


care  that  way  ;  but  a  doublet  is  necessary  in 
cold  weather. 

Ld.  Chan.  I  dislike  not  the  liberty  of  our 
church,  in  granting  to  one  man  t  ■  o  benefices, 
but  speak  out  of  mine  own  purpose  nnd  prac- 
tice, grounded  on  the  aforesaid  reason. 

Bp.  of  Lond.  My  Ust  motion  is,  tiiat  Pul- 
pits may  not  be  made  Pasquils,  wherein  every 
discontented  fellow  may  traauce  his  superiors. 

His  Maj.  I  accept  what  you  offer,  for  the 
Pulpit  is  no  place  of  personal  reproof,  let  them 
complain  to  me,  if  injured. 

Bp.  if  Lond.  If  your  majesty  shall  leave 
yourself  open  to  admit  oi'  all  complaints,  your 
highness  shall  never  be  quiet,  nor  your  under- 
ofticers  regarded,  whom  every  delinquent,  when 
censured,  will  threaten  to  cninphtiu'  of. 

His  Maj.    J  mean  they  shall  complain  to 
me  by  degrees,  first  to  the  Ordinary,  from  him 
to  the  Archbishop,  from  him  to  the  lords  of 
the  council ;  and,  if  in  all  these  no  remedy  be 
found,  then  to  myself. 

Dr.  Ret/n.  I  come  now  to  Subscription,  as 
a  great  impeachment  to'  a  learned  ministry, 
and  therefore  in  treat  it  may  not  be  exacted  at 
heretofore :  for  which  many  good  men  are  kept 
out,  though  otherwise  willing  to  subscribe  to 
the  Statutes  of  the  Realm,  Articles  of  Reli- 
gion, and  the  King's  Supremacy.  The  reason 
of  their  backwardness  to  subscribe,  is,  because 
the  Common-prayer  enjoineth  the  Apocrypha 
books  to  be  read  in  the  church,  although  some 
chapters  therein  contain  manifest  err  ours  re- 
pugnant to  Scripture.  For  instance,  Ecclus. 
xlviii.  10.  Elias  in  person  is  said  to  come  before 
Christ,  contrary  to  what  is  in  the  New  Testa- 
ment.  Mat.  xi.  14.  Luke  i.  17.  of  Elias  in  re- 
semblance, that  is,  John  the  Baptist. 

Bp.  of  Lond.  Most  of  the  objections  against 
those  books,  are  the  old  cavils  of  the  Jews, 
renewed  by  S.  Jerome  (who  first  called  them 
Apocripha)  which  opinion,  upon  Rurfinus  his 
challenge,  he,  after  a  sort,  disclaimed. 

Bp.  of  Winch.     Indeed  S.  Jerome  saith,  Ca~ 
nonici  sunt  ad  informundos  mores  non  ad  con- 
firmandam  fidem. 

His  Maj.  To  take  an  even  order  betwixt 
both,  I  would  not  have  all  canonical  books  read 
in  the  church,  nor  any  chapter  out  of  the  Apo- 
crypha, wherein  any  error  is  contained;  where- 
fore let  Dr.  Reynolds  note  those  chapters  in 
the  Apocrypha  Looks,  wherein  those  offences 
are,  and  bring  them  to  the  abp.  of  Canterbury 
against  Wednesday  next;  and  now  Doctor,  pro- 
ceed. 

Dr.  Reyn.  The  next  scruple  against  Sub- 
scription, is,  because  it  is  twice  set  down  in  the 
Common- prayer- book,  Jesus  said  to  his  disci- 
ples, when  by  the  text  in  the  original,  it  is 
plain,  that  he  spake  to  the  Pharisees. 

His  Maj.  Let  the  word  Disciples  be  omit- 
ted, and  the  words,  Jesus  said,  be  printed  in  a 
different  letter. 

Mr.  Kncustub.    I  take  exceptions  at  the 
Cross  in  Baptism,  whereat  the  weak  brethren 
are  offended,  contrary  to  the  counsel  of  the 
apostle,  Romans  xiv,  2  Corinth,  viii. 
G 


83]  STATE  TRIALS,  Uames  I.  1(304— Hampton  Court  Conference, 


[84 


His  Mtij.  Distingue  tempora,  <$•  concorda- 
bunt  Scripture,  great  the  difference  betwixt 
those  times  and  ours.  Then,  a  Church  not 
fully  settled ;  now,  ours  long  established.  How 
long  will  such  brethren  he  weak  ?  Are  uot 
forty-live  years  sutbeient  tor  them  to  grow 
strong  in  ?  Besides,  who  prett  rids  this  weak- 
ness? We  require  not  Subscriptions  of  luicks 
and  ideots,  but  of  preachers  and  ministers,  who 
arc  not  still  (I  trow)  to  be  fed  with  milk,  being 
enabled  to  feed  others.  Some  of  them  are 
strong  enough,  if  not  head-strong;  conceiving 
themselves  able  enough  to  teach  him  who  last 
spake  for  them,  and  all  the  bishops  in  the  hind.  • 

Mr.  Kncwst.  It  is  questionable  whether 
the  Church  hath  power  to  institute  an  outward 
significant  sign. 

lip.  of  Land.  The  Cross  in  Baptism  is  not 
used  otherwise  than  a  ceremony. 

Dp.  of  Winch.  Kneeling,  lifting*  up  of  the 
hands,  knocking  of  the  breast,  are  significant 
ceremonies,  and  these  may  lawfully  be  used. 

]).  of  the  Chap.  The  Kahbins  write,  That 
the  Jews  added  both  signs  and  words  at  the  in- 
stitution of  the  Passover,  viz.  when  they  eat 
sour  herbs,  they  said,  (  Take  and  eat  these  in 
remembrance,'  &c.  When  they  drank  wine, 
they  said,  '  Drink  this  in  remembrance/  &c. 
Upon  which  addition,  and  tradition,  our  Saviour 
instituted  the  Sacrament  of  his  last  Supper, 
thereby  approving,  a  Church  may  institute  and 
retain  a  sign  significant. 

His  Maj.  I  am  exceedingly  well  satisfied 
in  this  point,  but  would  be  acquainted  about 
the  antiquity  of  the  use  of  the  Cross. 

Dr.  liej/n.  It  hath  been  used  ever  since  the 
Apostles  time;  but  the  question  is,  how  ancient 
the  use  thereof  hath  been  in  Baptism. 

D.  of  Wtstm.  It  appears  out  of  Tertullian, 
Cyprian,  and  Origen,  that  it  was  used  in  im- 
mor/ali  lavacro. 

Bu.  of  Winch,  In  Constantine'*  time  it  was 
M?ea  in  Baptism. 

Hit  Maj.  If  so,  I  see  no  reason  but  that 
we  may  continue  it. 

Mr.  Kncwst.  Put  the  case  the  Church  hath 
power  to  add  significant  signs  it  may  not  add 
them  where  Christ  hath  already  ordained  them, 
which  is  as  derogatory  to  Christ's  institution, 
as  if  one  should  add  to  the  great  seal  of  Eng- 
land. 

His  Maj.  The  case  is  not  alike,  seeing  the 
Sacrament  is  fully  finished,  before  any  mention 
©f  the  Cross  is  made  therein. 

Mr.  Knevst.  If  the  Church  hath  such  a 
power,  the  greatest  scruple  is,  how  far  the  or- 
dinance of  the  Church  bindeth,  without  im- 
peaching Christian  liberty. 

His 'Mtij.  I  will  mil  an;ue  that  poiut  with 
you,  but  an*wer  a*  kings  in  parliament,  Lr.  Roy 
i'uxixt'va;  This  is  like  Mr.  John  Black,  a  beard- 
less boy,  w  ho  told  me,  the  last  Conference  in 
Scotland,  (T)cc.  160',!,)  that  he  would  hold  con- 
formity with  his  majesty  in  matters  of  Doctrine; 
but  every  man  for  Ceremonies  was  to  he  left 
to  his  own  liberty.  But  I  will  have  none  of 
that,  I  will  have  one  Doctrine,  one  Discipline, 


one  Religion,  in  substance,  and  in  ceremony. 
Never  speak  more  to  that  point,  how  far  you 
ate  hound  to  obey. 

Dr.  Reyn.  Would  that  the  Cross,  being 
supcrstitioubly  abused  in  P«#pery,  were  aban- 
doned, as  the  Brazen  Serpent  was  stamped  to 
powder  by  ilezekias,  because  abused  to  idola- 
try. 

His  Muj.  In  as  much  as  the  Cross  was 
abused  to  superstition  in  time  of  Popery,  it 
doth  plainly  imply  that  it  was  well  used  before. 
I  detest  their  courses,  who  peremptory  disal- 
low of  all  things,  which  have  been  abused  in 
Popery,  and  know  not  how  to  answer  the  ob- 
jections of  the  Papists,  when  they  charge  us 
with  novelties,  but  by  telling  them,  we  retain 
tlie  primitive  use  of  thing*,  and  only  forsake 
their  novel  corruptions.  Secondly,  no  resem- 
blance betwixt  the  Brazen  Serpent,  a  material 
visible  thing,  and  the  sign  of  the  Cross,  made 
in  the  air.  Thirdly,  Papists  (as  1  am  informed) 
did  never  ascribe  any  spiritual  Grace  to  the 
Cross  in  Baptism.  Lastly,  material  Crosses,  to 
which  people  fell  down  in  time  of  Popery  (as 
the  idolatrous  Jews  to  the  Brazen  Serpent)  are 
already  demolished,  as  you  desire. 

Mr.  Kncwst.  I  take  exception  at  the  wear- 
ing of  the  Surplice,  a  kind  of  garment  used  by 
the  priests  of  Isis. 

His  Maj.  I  did  not  think,  till  of  late,  it  had 
been  borrowed  from  the  Heathen,  because 
commonly  called  a  rag  of  Popery.  Seeing  now 
we  border  not  upon  heathens,  neither  are  any 
of  them  conversant  with,  or  commorant  amongst 
us,  thereby  to  be  continued  in  Paganism  ;  I  §ee 
no  reason  but  for  comeliness-sake,  it  may  be 
continued. 

Dr.  llcyn.  I  take  exception  at  these  words 
in  the  Marriage,  *  with  my  body  I  thee  wor- 
ship.* 

His  Maj.  I  was  made  believe,  the  phrase 
imported  no  le*>s  than  divine  adoration,  but  find 
it  an  usual  English  term,  as  when  we  sav, (  a 
gentlcmnn  of  worship/  and  it  ngreeth  with  the 
Scriptures,  *  giving  honour  to  the  wife.'  As  for 
you,  Dr.  Reynolds,  many  men  speak  of  Robin 
Hood,  who  never  shot  m  his  bow.  (This  the 
king  spake  smiling.)  it'  you  had  a  good  wife 
yourself,  you  would  think  all  worship  and  ho- 
nour you  could  do  her,  were  well  bestowed  on 
her. 

D.  nfSitrum.  Some  take  exception  at  the 
Ring  in  Marriage. 

Dr.  Riyn.     1  approve  it  well  enough. 

HU  M«j.  I  was  married  with  a  Ring,  and 
think  others  scarce  well  married  without  it. 

Dr.  Rtyn.  Some  take  exceptions  at  the 
Churching  of  Women,  by  the  name  of  Purifi- 
cation. 

His  Muj.  I  allow  it  very  well,  women  be- 
ing loath  of  themselves  to  come  to  church,  I 
like  this,  or  any  other  occasion  to  draw  them 
thither. 

Dr.  Rcyn.  My  last  exception  is  against 
committing  Ecclesiastical  Censures  to  lay-chan- 
cellors, the  rather,  because  it  was  ordered, 
anno  137  1,  that  lay-chance Uors,  in  matters  of 


13]      STATE  TRIALS,  1  James  I.  ~]604._ respecting  Reformation  cfihe  Church.       [80 


Correction,  and  anno  1589,  in  matters  of  In- 
stance, should  not  excommunicate  any,  but  be 
done,  only  by  them  who  had  power  of  the 
Keys,  though  the  contrary  is  commonly  prac- 
tised. 

Hit  Maj.  I  have  conferred  with  mv  bishops 
about  this  point,  and  such  order  shall  be  taken 
therein  as  is  convenient.  Mean  time  go  on  to 
fume  other  matter. 

Dr.  Rcyn.  I  desire,  that  according  to  cer- 
tain  provincial  constitutions,  the  clerev  may 

re  meetings  every  three  weeks. —  1.  First  in 
Roral  Deaneries,  therein  to  have  prophesying, 
ts  arch-bishop  Griudall,  and  other  bishops,  de- 
sired of  her  late  majesty. — 2.  1  hat  such  things 
is  could  not  be  resolved  on  there,  might  he 
referred  to  the  arch-deacons  visitations. — 3. 
And  so  to  the  Episcopal  Synod,  to  determine 
such  points  before  not  decided. 

His  Maj.  If  you  aim  at  a  Scottish  Presby- 
tery, ic  agree  th  as  well  with  monarchy,  as  God 
and  the  devil.  Tlien  Jack,  and  Tom, "and  Will, 
and  Dick,  shall  meet  and  censure  me  and  my 
council.  Therefore  I  reiterate  my  former 
speech,  Le  Roy  s'uvisera  ;  Stay,  I  pray,  for 
one  seven  years,  before  you  demand,  and  then 
if  you  find  me  grow  pursy  and  fat,  I  may,  per- 
chance, hearken  unto  you,  for  that  government 
will  keep  me  in  breath,  and  give  me  work 
enough.  I  shall  speak  of  one  matter  more, 
somewhat  out  of  order,  but  it  skilleth  not;  Dr. 
Reynolds,  you  have  often  spoken  for  my  Supre- 
macy, and  it  is  well :  but  know  you  any  here, 
or  elsewhere,  who  like  of  the  present  govern- 
ment ecclesiastical,  and  dislike  my  Supremacy  ? 

/Jr.  Ret/n.     I  know  none. 

* 

His  Maj.     Why  then  I   will  tell  you  a  tale  : 
liter  that  the  religion  restored  by  king  Edward 
the  sixth,  was  soon  overthrown  by  queen  Mary 
here  in  England,  we  in  Scotland  felt  the  effect 
of  it.     For  thereupon  Mr.  Knox  writes  to  the 
queen  regent  (a  virtuous  and  moderate  lady) 
telling  tier  that  she  was  the  supreme  head   of 
die  Church ;   and  charged  her,  as  she  would 
uwrer  it  at  God's  tribunal,  to  take  care  of 
Christ  his  Evangil,  in  suppressing  the  Popish 
Prelates,  who  withstood  the  same;  but  how 
nog  trow  you  did  this  continue  ?     Even  till  by 
Iter  authority,  the  Popish  bishops  were  repress- 
ed, and  Knox,  with  his  adherents,  being  brought 
io,  made  strong  enough.     Then  began  they  to 
make  small  account  of  her  supremacy,  when, 
Jwrording  to  that  more  light,  wherewith  they 
were  illuminated,  they  made  a  farther  refor- 
mation  of  themselves.     How  they    used   the 
Poor  lady  my  mother,  is  not  unknown,  and 
L»/w   they  dealt  with  me  in  mv  minority.    I 
thus  apply  it.     My  lords,  the  bishops,  I  may 
[This  hs   said   putting  his   hand   to   his  hat] 
thank  you   that  these  men  plead   thus  for  my 
Supremacy.      They   think  they  cannot  make 
th<*ir  party  good  against  you,  but  by  appealing 
cnto  it;  hut  if  once  you  were  out,  and  they  in, 
1  know  what  would  become  of  my  Supremacy, 
hr  No  Bishop,  No  King.     I  have  learned  of 
»1  at  cm  they  have  been,  who,  preaching  before 
me,  sine*  my  coming  into  England,  passed 


over,  with  silence,  my  being  Supreme  Governor 
in  causes  ecclesiastical.  Well,  doctor,  have  you 
any  thing  el-re  to  say  ? 

Dr.  lieyn.  No  more  if  it  please  your  ma- 
jesty. 

His  Maj.  If  this  be  all  your  party  haih  to 
siay,  I  will  iuake  them  conform  themselves,  or 
else  I  will  harrie  them  out  of  the  land,  or  eke 
do  worse. 

Thus  ended  the  second  day's  Conference, 
and  the  third  began  on  the  Wednesday  follow- 
ing, Jan.  18,  many  knights,  civilian?,  and  dor- 
tors  of  the  law,  bei"?  admitted  thereunto,  be- 
cause the  High  Commission  was  the  principal 
matter  in  debate. 

His  Maj.  I  understand,  that  the  parties 
named  in  the  High  Commission  ore  too  nvmv, 
and  too  mean,  and  the  matters  they  deal  with, 
base,  such  as  ordinaries  at  home  in  their  courts 
miuht  censure. 

Abp.  of  Cant.  It  is  requisite  their  number 
should  be  many,  otherwise  I  should  be  forced 
oft  en-times  to  sit  alone,  if  in  the  absence  of  the 
lords  of  the  council,  bishops,  and  judges  at  law, 
some  deans  and  doctors  were  not  put  into  that 
Commission,  whose  attendance  1  might  com- 
mand with  the  more  Authority  :  I  have  often 
complained  of  the  meanness  of  matteis  handled 
therein,  but  cannot  remedy  it.  For  though  the 
offence  be  small,  that  the  Ordinary  may,  the 
offender  oft-times  is  so  great,  and  contuma- 
cious, that  the  Ordinary  dare  not  punish  him, 
and  so  is  forced  to  crave  help  at  the  High  Com- 
mission. 

A  nameless  Lord.  The  proceedings  in  that 
court,  are  like  the  Spanish  Inquisition,  wherein 
men  are  urged  to  subscribe  more  than  law  re- 
quired!, and  by  the  oath  ex  officio,  forced  to 
accuse  themselves,  being  examined  upon  twenty, 
or  twenty  four  Articles  on  a  sudden,  without 
deliberation,  and  for  the  most  part  against 
themselves. — In  proof  hereof,  he  produced  a 
Letter  of  an  amient  honourable  counsellor,  An. 
1584,  verifying  this'  usage  to  two  ministers  iu 
Cambridgeshire. 

Abp.  of  Cant.  Your  lordship  is  deceived  in 
the  manner  of  proceeding  ;  for,  if  the  Article 
touch  the  party  for  life,  liberty,  or  scandal,  he 
may  refuse  to  answer;  I  can  say  nothing  to 
the  particulars  of  the  letter,  because  twenty 
years  since,  yet  doubted  not,  but  at  leisure,  to 
give  your  lordship  satisfaction. 

Lord  Chan.  Th^re  is  necessity,  and  use  of 
the  oath  ex  officio,  in  divers  courts,  and  causes. 

His  A/ry.  Indeed  civil  proceedings  only 
punish  facts  ;  but  it  is  requisite  that  Fame  and 
Scandals  be  looked  unto  in  courts  ecclesiastical, 
and  yet  great  moderation  is  to  be  used  therein. 
1.  In  grui'ioribtts  criminibus.  2.  In  such 
whereof  there  is  a  public  fame,  caused  by 
the  inordinate  demeanour  of  the  offender. — 
And  here  he  soundly  described  the  oath  ex 
offiao,  for  the  ground  thereof,  the  wisdom  of 
the  law  therein,  the  manner  of  proceeding 
thereby,  and  profitable  effect  from  the  same. 

Abp.  of  Cant.  Undoubtedly  your  majesty 
speaks  by  the  special  as&istanca  of  God's  spirit. 


87]  STATE  TRIALS,  1  James  I.  1604— Hampton  Court  Conference, 


[8» 


Bp.  of  Loud.  I  protest  ray  heart  melteth 
with  joy,  that  Almighty  God,  of  his  singular 
mercy,  hath  given  us  such  a  king,  as,  since 
Christ's  time,  the  like  hath  not  been. 

The;i  passed  there  much  discourse  between 
the  king,  the  bishops,  and  the  lords,  about. the 
quality  of  the  persona,  aud  causes  in  the  High 
Commission,  rectifying  Excommunications  in 
mailers  of  less  moment,  punishing  Recusants, 
providing  Divine^  for  Ireland,  Wales,  and  the 
Northern  Borders.  Afterwards  the  four  preach- 
ers were  called  in,  and  such  alteration*  in  the 
Liturgy  were  read  unto  them,  which  the  bishops, 
by  the  kmg's  advice,  had  made,  and  to  which, 
by  their  silence,  they  seemed  to  consent. 

His  Mnj.  l.see  the  exceptions  against  the 
Communion-book,  are  matters  of  weakness, 
therefore  if  the  persons  reluctant  be  discreet, 
they  wdl  be  won  betimes,  and  by  good  persua- 
sions :  if  indiscreet,  better  they  were  removed, 
for  by  their  factious  many  are  driven  to  be 
,  Papists.  From  you  Dr.  Reynolds  and  your 
associates,  I  expect  obedience  and  humility 
(the  marks  of  honest  and  good*  men)  and  that 
you  would  persuade  others  abroad  by  your 
example. 

Dr.  lifyn.  We  here  do  promise  to  perform 
all  duties  to  bishops sw  reverend  fathers,  and  to 
join  with  them  against  the  common  adversary 
for  the  quii»t  of  the  Church. 

Mr.  C builer! on.  1  request  the  wearing  of  the 
Surplice,  and  the  Cross  in  Baptism  may  not  be 
urged  on  some  godly  ministers  in  Lancashire, 
fearing,  if  forced  unto  them,  many  won  by  their 
preaching  of  the  Gospel  will  revolt  to  Popery, 
and  r  particularly  instance  in  the  vicar  of 
Hsitsdvdc. 

Abp.  of  Cant.  You  could  not  have  light 
upon  n  worse,  for  not  many  years  ago  (as  my 
lord  chancellor  knows)  it  was  proved  before  me, 
tha$  by  Ins  unrevefent  usage  of  the  Eucharist 
(dc-iiii^  the  bread  out  of  a  bucket,  every  man 
putting  ;n  his  hand,  and  taking  out  a  piece)  he 
nm  k  inuiy  lo«ith  the  Communion,  and  refuse 
to  (Min«»  to  Church. 

J/m  'Maj,  It  is>  not  my  purpose,  and  I  dare 
sav  a  id  not  the  bi*hops  intent,  presently,  and 
out  or  hand,  to  enforce  thc»e  things,  wilhout 
father!  v-  1 1 '.monitions,  conferences,  and  persua- 
sions, »: viiised  ;  but  I  wish  it  were  examined, 
whether  >vc'-.  Lancashire  ministers,  by  their 
pains  atirl  .  •  i  hing,  have  converted  any  from 
Popery,  and  withal  be  men*of  honest  life,  and 
quiet  conversation.  If  so,  let  letters  be  written 
to  the  bishop  of  Chester  [Rich..  Vauuhan, 
Afterwards  bishop  of  Lnnd<«n|  (who  if*  a  grave 
aud  good  man)  to  that  purpose,  that  some 
favour  may  be  afforded  unto  them,  and  let  the 
lord  archbishop  write  the  letters. 

Bp.  of  Ijond.  If  this  be  granted,  the  copy 
of  these  Letters  vtill  fly  all  over  England,  and 
then  nil  non-conformists  will  mule  the  like 
request,  und  so  no  fruit  follow  of  t^iis  Confer- 
ence, but  things  will  be  worse  than  they  were 
before.  I  desire  therefore  a  time  may  be 
limited,  within  the  compass  whereof  they  shall 
conform. 


His  Moj.  I  assent  thereunto,  and  let  the 
bishop  of  the  diocese  set  down  the  time. 

Mr.  Kncwst.  I  request  the  like  favour  of 
forbearance  to  some  honest  ministers  in  Suffolk. 
For  it  will  make  much  against  their  credits  in 
the  country,  to  he  now  forced  to  the  Surplice, 
and  Cross  in  Baptism. 

Abp.  of  Cant.     Nay,  sir 

His  tilaj.  Let  me  alone  to  answer  him. 
Sir,  you  shew  yourself  an  uncharitable  man. 
We  have  here  taken  pains,  and,  in  the  end, 
have  concluded  on  unity  and  uniformity,  and 
you,  forsooth,  must  prefer  the  credits  oft  a  few 
private  ineu  before  tne  peace  of  the  Church. 
This  is  just  the  Scotch  argument,  when  any 
thing  was  concluded,  which  disliked  some  hu- 
mours. Let  thein  either  conform  themselves 
shortly,  or  they  shall  hear  of  it. 

Ld.  Cecil.  The  indecency  of  Ambulating 
Communions,  is  very  offensive,  and  hath  driven 
many  from  the  Church. 

Bp.  of  Land.  And  Mr.  Chaderton,  I  could 
tell  you  of  Sitting  Communions  in  Emanuel 
college. 

.  Mr.  Chad.  It  is  so,  because  of  the  scats  so 
placed  as  they  be,  and  yet  we  have  some 
kneeling  also  in  our  chapel. 

His  Muj.  No  more  hereof  for  the  present, 
seeing  they  have  jointly  promised  hereafter  to 
be  quiet  and  obedient. — Whereat  he  rose  up 
to  depart  into  an  inner  chamber. 

Bp.  of  Lond.  God's  goodness  be  blessed 
for  your  majesty,  and  give  health  and  prosperity 
to  "your  highness,  your  gracious  queen,  the 
young  prince,  and  all  the  royal  issue. 

Thus  ended  the  three  days  Conference, 
wherein  how  discreetly  the,  kiug  carried  him- 
self, posterity  (out  of  the  reach  of  flattery)  is 
the  most  competent  judge,  such  matters  being 
most  truly  discerned  at  distance.  It  is  gene- 
rally said,  that  herein  he  went  above  himself; 
that  the  bishop  of  London  appeared  even  with 
himself,  and  T)r.  Reynolds  fell  much  beneath 
himself.  Others  observed  that  abp.  Whitgift 
spake  most  gravely ;  Bancroft  (when  out  of 
passion)  most  politicly  ;  Bilson,  most  learned- 
ly. And  of  the  divines,  Mr.  Reynolds  most 
largely  ;  Knew  stubs  most  affectionately ;  Cha- 
derton most  sparingly.  In  this  scene,  only 
Dr.  Sparks  was  &$&»  *p*mw*,  making  use  of 
his  hearing,  not  speech,  converted  (it  seems) 
to  the  truth  of  what  was  spoken,  and  soon  after 
setting  forth  a  Treatise  of  Unity  and  Unifor- 
mity.— But  the  nonconformists  complained, 
that  the  kipg  sent  for  their  divines,  not  to  have 
ihcir  ^cruples  satisfied,  but  his  Pleasure  pro- 
pounded ;  nor  that  he  mi^ht  know  what  they 
couid  say,  hut  they  what  he  would  do,  in  the 
matter.  Betides,  no  wonder  if  Dr.  lirynulds 
a  little  lost  himself,  whose  eyes  uere  partly 
dazzled  with  the  light  of  the  king's  majesty, 
partly  daunted  with  the  he.it  of  his  displeasure. 
Others  complain,  that  this  Conference  is  par- 
tially set  foith  only  hy  Dr.  B.irlow,  dean  of 
Chester,  their  pr»tVssed  adversary,  to  the  crent 
disadvantage  of  their  divines.  And  when  the 
Israelites  go  down  to  the  Philistines,  to  whet  all 


»]     STATE  TRIALS,  1  James  L  1604.— respecting  Reformation  of  the  Church.      [90 

may  be  removed,  some  amended,  tome  quali- 
fied.—1.  In  the  Church  Service.  That  the 
Cross  in  Baptism,  Interrogatories  ministered  to 
infants,  Confirmation,  as  superfluous,  may  be 
taken  away.  Baptism  not  to  be  ministered  by 
women,  and  so  explained.  The  Cap  and  Sur- 
plice not  urged.  That  Examination  may  go  - 
before  the  Communion.  That  it  he  ministered 
with  a  sermon.  That  divers  terms  of  Priests, 
and  Absolution,  and  some  other  used,  with  the 
King  in  Marriage,  and  other  such  like  in  thq 
Book,  may  he -corrected.  The  long-someness 
of  Service  abridged.  Church  songs,  and  Mu- 
sic moderated  to  better  edification.  That  the 
Lord's  day  be  not  profaned.  The  rest  upon 
Holy  days  not  so  strictly  urged.  That  there 
may  be  an  uniformity  of  doctrine  prescribed. 
No  Popish  opinion  to  be  any  more  taught,  or 
defended.  No  ministers  charged  to  teach 
their  people  to  bow  at  the  name  of  Jesus. 
That  the  canonical  Scriptures  only  be  read  in 
the  Church. — 2.  Concerning  Church  Ministers. 
That  none  hereafter  he  admitted  into  the  mi- 
nistry, but  able  and  sufficient  men,  and  those 
to  preach  diligently,  and  especially  upon  the 
Lord's  day.  That  such  as  be  already  entered, 
and  cannot  preach,  may  either  be  removed, 
nud  some  charitable  course  taken  with  them 
for  their  relief;  or  else  to  be  forced,  according 
to  the  value  of  their  livings,  to  maintain 
preachers.  That  Non-Residence  be  not  per- 
mitted. That  king  Edward's  statute,  for  the 
lawfulness  of  Ministers  Marriage,  be  revived. 
That  ministers  be  not  urged  to  subscribe,  but, 
according  to  the  law,  to  the  Articles  of  Reli- 
gion, and  the  king's  supremacy  only. — 3.  For 
Church  Livings,  and  Maintenance.  That  bi- 
shops leave  their  Comuiendams;  some  holding 
prebends,  some  parsonages,  some  vicarages  with 
their  bishoprics.  That  double  beneficed  men  be 
not  suffered  to  hold,  some  two  or  three  Benefices 
with  Cure  :  and  some,  two,  three,  or  four  Dig- 
nities besides.  That  Impropriations  annexed 
to  bishoprics  and  colleges,  be  demised  only  to 
the  preachers  incumbents,  for  the  old  rent. 
That  the  Impropriations  of  Laymen's  fees  may 
be  charged  with  a  sixth  or  seventh  part  of  the 
worth,  to  the  maintenance  of  the  preaching 
minister. — *.  For  Church  Discipline.  That  the 
Discipline,  and  Excommunication  may  be  admi- 
nistered according  to  Christ's  own  institution :  - 
or  at  the  least,  that  enormities  may  be  redress- 
ed. As  namely.  That  excommunication  come 
not  forth  under  the  name  of  lay-persons,  chan- 
cellors, officials,  &c.  That  men  be  not  excom- 
municated for  trifles,  and  twelve- penny  matters. 
That  none  be  excommunicated  without  con- 
sent of  his  pastor.  That  the  officers  be  not 
suffered  ro  extort  unreasonable  fees.  Thit 
none,  h;iving  jurisdiction,  or  registers  place*, 
put  out  the  same  to  farm.  That  divers  Popish 
Canons  (as  for  restraint  of  marriage  at  certain 
times)  be  reversed.  That  the  longsoineness  of 
suits  in  ecclesiastical  courts  (which  hang  some* 
times  two,  thiee,  four,  five,  six,  or  seven  years) 
may  be  restrained.  That  the  oath  ex  officio, 
whereby  men  are  forced  to  accuse  themselves. 


their  iron  tools,  no  wonder  if  they  set  a  sharp 
edge  on  their  own,  and  a  blunt  one  on  their  ene- 
mies weapons. — ThisConference  produced  some , 
alterations  in  the  Liturgy,  woinens  baptizing  of 
ia&nts,  formerly  frequent,  hereafter  forbidden  ; 
to  the  rubric  of  Absolution,  Remission  of  Sins 
inserted,  Confirmation  termed  also  an  Exami- 
mation  of  Children,  and  some  words  altered  in 
tke  Dominical  Gospels,  with  a  resolution  for  a 
new  Translation  of  the  Bible.  But  whereas  it 
ms  hitherto  disputable,  whether  the  north, 
wsere  lie  long  lived,  or  the  south,  whither  he 
My  came,  should  prevail  most,  on  the  king's 
judgment,  in  Church-government ;  this  doubt 
was  now  clearly  decided.  Hence  forward 
■any  cripples  in  conformity,  were  cured  of 
their  former  halting  therein,  and  such,  wklf 
knew  not  their  own,  till  they  knew  the  king's 
nind  in  this  matter,  for  the  future,  quietly 
digested  the  Ceremonies  of  the  Church. 

The  following  is  the  Millenary  Petition. 

"  The  humble  Petition  of  the  Ministers  of  the 
Church  of  England,  desiring  Reformation 
of  certain  Ceremonies,  and  Abuses  of  the 
Church. 
u  To  the  most  christian,  and  excellent  prince, 
oar  gracious  and  dread  sovereign,  James  by 
the  grace  of  God,  &c.     We  the  Ministers  of 
the  Church  of  England,  that  desire  Reforma- 
tion, wish  a  long,  prosperous,  and  happy 
reign  over  us  in  this  life,  and  in  the  next 
everlasting  salvation. 

u  Most  gracious  and  dread  Sovereign ;  Seeing 
it  bath  pleased  the  Divine  Majesty,  to  the 
great  comfort  of  all  good  Christians,  to  advance 
jw  highness,  according  to  your  just  title,  to 
fee  peaceable  government  of  this  Church  and 
Coatmon-wealth  of  England  :  We  the  Minis- 
ters of  the  Gospel  io  this  land,  neither  as  fac- 
tions men,  affecting  a  popular  parity  in  the 
IWcb,  nor  as  schismatics  aiming  at  the  disso- 
lution of  the  state  ecclesiastical ;  but  as  the 
fahfal  servants  of  Christ,  and  loyal  subjects 
to  toor  majesty,  desiring  and  longing  for  the 
tttttss  of  divers  abuses  of  the  Church  ;  could 
•»  so  less,  in  our  obedience  to  God,  service  to 
ynr  majesty,  love  to  his  Church,  than  acquaint 
war  princely  majesty,  with  our  particular 
frids  :  for,  as  your  princely  pen  writeth,  The 
ud£  as  a  good  physician,  must  first  know  what 
peccant  humours  his  patient  naturally  is  most 
subject  unto,  before  he  can  begin  his  cure. 
And,  although  divers  of  us  that  sue  for  Refor- 
mation, nave  formerly,  in  respect  of  the  times, 
itUtribed  to  the  Book,  some  upon  protetta- 
l*).  some  upon  exposition  given  them,  some 
«uh  condition,  rather  than  the  Church  should 
fere  been  deprived  of  their  labour,  and  minis- 
try; yet  now,  we,  to  the  number  of  more  than 
i  thousand,  of  your  majesty's  subjects  and  mi- 
ftacers,  all  groaning,  as  under  a  common  bur- 
ton, of  human  rights  and  ceremonies,  do,  with 
•*  joint  consent,  humble  ourselves  at  your 
majesty's  feet,  to  be  eased  and  relieved  in  this 
WaalC  Oir  homble  suit  then  unto  your  ma- 
jor* it,  tint  Cfecse  offences  following,  some 


01]     STATE  TRIALS,  1  James  I.  1604.— The  Case  between  Sir  Francis  Goodwin     [9f 


be  more  sparingly  used.  That  Licenses  for 
Marriage,  without  Banns  asked,  he  more  cauti- 
ously granted. — These,  with  such  other  abuses, 
yet  remaining,  and  practised  in  the  Church  of 
England,  we  arc  able  to  shew,  not  to  be  agree- 
able to  the  scriptures,  if  it  shall  please  your 
highness  farther  to  hear  us,  or  more  at  large  by 
writing  to  be  informed,  or  by  conference 
among  the  learned  to  be  resolved.  And  vet 
wc  doubt  not,  but  that,  without  any  farther 
process,  your  majesty  (of  whose  Christian  judg- 
ment we  nave  received  so  good  a  taste  already) 
is  able  of  yourself,  to  judge  of  the  equity  of 
this  cause.  God,' we  trust,  hath  appointed  your 
highness  our  physician  to  heal  these  diseases. 
And  we  say  with  Mordecai  to  Hester,  "  who 
knoweth,  whether  you  are  come  to  the  king- 
dom for  such  a  time  ?"  Thus  your  majesty 
shall  do  that,  which,  wc  arc  persuaded,  shall  be 


acceptable  to  God,  honourable  to  pour  majesty 
in  all  succeeding  ages,  profitable  to  his  Church, 
which  shall  be  thereby  increased,  comfortable 
to  your  ministers,  which  shall  be  no  more  sus- 
pended, silenced,  disgraced,  imprisoned  for 
men's  traditions;  and  prejudicial  to  none,  but 
to  those  tiiat  seek  their  own  quiet,  credit,  and 
protit  in  the  world.  Thus,  with  all  dutiful  sub- 
mission, referring  ourselves  to  your  majesty's 
pleasure,  for  your  gracious  answer,  as  God  shall 
direct  you:  we  most  humbly  recommend  your 
highness  to  the  Divine  Majesty :  whom  we  be- 
seech for  Christ  his  sake  to  dispose  your  royal 
heart  to  do  herein,  what  shall  be  to  his  glory, 
the  good  of  his  Church,  and  your  endless  com- 
fort.— Your  majesty's  most  humble  subjects, 
tUb  Minister*  of  the  Gospel,  that  desire  not  a 
disorderly  Innovation  but  a  due  and  godly  Re- 
formation. 


77.  The  Case  between  Sir  Francis  Goodwin  and  Sir  John  For- 
tescuk,  relative  to  a  Return  for  the  County  of  Buckingham; 
as  it  stands  upon  the  Journals  of  the  House  of  Commons : 
1  Jac.  I.  a.  d.  1604. 


Introduction. 

From  1  Cobb.  Pari.  Hist.  997. 

ON  the  20th  of  March  1604,  upon  a  motion 
of  the  lord  Cecil,  a  Conference  was  agreed 
upon  to  be  had  with  a  certain  number  of  the 
Lower  House,  concerning  the  public  State  of 
the  Nation  ;  and  on  two  things,  in  particular, 
Purveyors  and  Respite  of  Homage.  To  which 
the  Commons  desired  might  be  added  another 
article  concerning  the  matter  of  Wards : 
answer  was  returned  back,  by  the  Lords,  "  That 
they  liked  well  the  motion  for  a  Conference, 
touching  the  lust  mentioned  matter.  Bur,  wirh 
all,  because  there  were  several  other  things 
that  did  concern  the  public  state  ;  of  which  it 
was  likewise  proper  to  have  conference,  before 
hand,  for  the  better  furtherance  of  the  public 
service  ;  and,  in  regard,  the  said  matters  were 
of  importance,  their  lordships  desire  them  to 
increase  the  number  of  their  committee  as 
they  intended  to  tlo  theirs."  A  large  Com- 
mittee of  lords  were  accordingly  appointed, 
consisting  of  nine  earls,  one  viscount,  six  bishop?, 
and  13  barons  ;  who  were  to  be  attended  by 
the  two  lord  chief  justices,  fourjudges,  Mr.  Ser- 
jeant Crook,  and  Mr.  Attorney-General.  The  ] 
commons  deputed  about  60  knights  and -bur- 
gesses of  their  house  ;  and  this  is  nil  th;it  the 
Journals  of  the  Lords  mention  of  this  matter. 
But  the  Journals  of  the  Commons  are  not  so 
silent  ;  for  it  was,  indeed,  a  business  of  im- 
portance to  the  liberties  and  Privileges  of  that 
House.  Hapin,  (from  Coke)  represents  this 
affair  as  another  instance  of  this  king's  aiming 
at  absolute  power.  In  order  to  introduce  this 
matter,  we  shall  give  a  paragraph  from  this 
authors  History  of  England,  (v.  ii,  p.  168) 
and  then  subjoin  the  whole  Account,  as  it 


stands  in  the  Journals  of  the  Commons  at  this 
day.  "  Immediately  after  the  opening  of  the 
Parliament  the  Commons  examining,  according 
to  custom,  the  contested  Elections,  there  was 
a  debate  in  the  house  about  the  return  of  sir 
Francis  Goodwin,  and  sir  John  Fortescue,  for 
knight  of  the  shire  for  the  county  of  Bucks, 
and  upon  a  full  hearing,  sir  Francis  was  de- 
clared duly  elected.  Three  days  after,  the 
Lords  sent  a  Message  to  the  Commons,  that 
there  might  be  a  Conference  about  Goodwin's 
election.  The  Commons,  surprized  at  so  extra- 
ordinary a  Message,  answered,  They  did  not 
think  themselves  obliged  to  give  an  account  of 
their  proceedings,  and  therefore  could  not 
grant  the  Conference  required.  The  Lords 
replied,  the  king  having  been  acquainted  with 
what  had  passed  in  Goodwin's  Case,  thought 
himself  engaged  in  honour  to  have  the  affair 
debated  again,  and  had  ordered  them  to  confer 
with  the  Commons  upon  it.  Whereupon,  the 
Commons,  by  their  Speaker,  guve  their  Rea- 
sons to  the  king,  why  they  could  not  admit  of 
this  innovation.  But  all  they  could  obtain 
was,  that  instead  of  a  Conference  with  the 
Lords,  the  king  commanded  them  to  confer 
with  the  Judges.  This  pleased  them  no  more 
than  the  other.  They  set  down  their  Reasons 
in  writing,  and  delivered  them  at  the  Council- 
Chamber,  to  desire  their  lordships  to  intercede 
for  them  to  the  king,  not  to  violate  their  pri- 
vileges. The  Answer  was,  the  king  absolutely 
commanded  them  to  have  a  Conference  with 
the  Judges.  The  Commons  were  extremely 
surprized  at  so  absolute  an  order.  Mean- 
while, fearing  to  be  accused  of  too  easily  en- 
gaging in  a  quarrel  with  the  King,  they  thought 
it  more  proper  to  yield,  than  stand  out,  fully 
bent  however  to  adhere  to  what  had  been  de- 


_.._  k 


(JJ 


STATE  TRIALS,  I  James  I.  I  not — and  Sir  Join  Fortune 


[M 


leniiined  in  the  Case  or  Hie  contested  election. 
Certainly,  the  kin);  had  engaged  in  a  very  nice 
amnr,  and  probably  would  nut  have  come  off 
with  honour,  had  lie  not  been  disengaged  by 
Goodwin's  moderation.  Sir  Francis,  chilling 
to  forfeit  his  right  rather  thun  occasion  a  quar-  . 
ret  between  the  Kin;  and  the  Commons,  de- 
wed rtie  house  to  order  the  County  of  Bucks 
to  elect  another  knight  in  his  stead.  The  j 
King  oAtl  Coiiihiui'b  equally  accepted  of  this  > 
tifedienr,  »hich  prevented  them  from  coming 
U  extremities  ;  but  the  king  found  from  hence, 
ttat  mi  great  account  was  made  of  the  procla- 
mation upon  colring  the  parliament  whereby  he  | 
■want  to  be  master  'if  the  elections."  Tims  I 
tar  Mr.  Kapin.  This  Case  of  sir  Francis 
Goodwin  was  printed,  by  Order  of  the  House 
of  Common?,  in  1704,  under  the  direction  of 
Ruben  Harley,  e?q.  (afterwards  earl  of  Oxford) 
then  Speaker,  on  occasion  of  the  famous 
Debate,  at  that  time,  upon  [he  Aylesbury 
EWctioo. 

The  C*sb. 
VieJovii21  Martii,  1603-4.  ' 

The  first  motion  was  made  by  sir  William 
Fleetwood,  one  of  the  knights  returned  for  the 
Coumy  ot*  Bucks,  on  the  behalf  of  sir  Francis 
Goodwin,  knight ;  who,  upon  the  first  Writ  of 
Summons  directed  to  the  Sheriff  of  Bucks, 
was  elected  the  first  Knight  for  that  shire ;  but 
me  Return  of  his  Flection  being  made,  it  was 
refused  by  the  Clerk  of  the  Crown  (quia  utla- 
ftn) :  and  because  sir  John  l'ortescue,  upon 
a  second  Writ,  was  elected,  and  entered1  in 
that  place,  his  desire  was,  that  this  Iteturn 
m-iit  be  examined,  and  sir  Francis  Goodwin 
m.iied  as  a  member  of  the  house.  The 
name  pave  way  to  the  motion  ;  and  for  a 
■ore  deliberate  and  judicial  proceeding  in  a 
cue  of  privilege  so  important  to  the  house, 
Ordered,  *  That  the  Serjeant  (the  pruper  of- 

*  BCcr  of  tile  house)  should  give  warning  lo  (lie 
1  Clerk  of  the  Crown  to  appear  at  the  bar  at 

*  eight  o'clock  tlu>  next  morning,  nnd  to  bring 
1  wuh  him  all  the  Writs  of  Summons,  Inden- 
'  nets,  and  lie  turns  of  Election  for  the  county 
'  ofBocka,  made  and  returned  for  this  Pnrlia- 
'  mna ;  and  to  give  warning  also  to  sir  Frsn- 
'  ri»  Goodwin  to  attend  in  person,  whom  their 
'  pleasure  was  to  hear,  ore  tetiiit,  to  deliver 
'  the  state  of  his  own  cause,  and  the  manner 
'  and  reasons  of  the  proceeding  in  the  Election 
'of  the  Knights  of  the  Shire  fur  that  County.' 

This  being  a  motion  lending  to  Mailer  of 
Pmilege,  was  seconded  with  another  by  Mr. 
Serjeant  Shirley,  touching  an  arrest  of  sir  Tho. 
laW,  &c. 

Die  Veneris  23  Martii,  1603-4. 
Sir  George  Copping,  knight,  Clerk  of  the 
Crown  in  the  Chancery,  this  day,  (according  to 
(inner  order)  bring  attended  by  the  Serjeant 
<*  the  House  with  nis  mace,  appeared  at  the 
Lar,  and  produced  all  the  Writs  of  Summons, 
ladentuiea,  and  Returns  made  of  the  Knights 
fcr  Buckinghamshire:  for  this  Parliament  ; 
■hhcfa  wen  aavtrally  read  by  the  Clerk  of  the 


House,  and  then  the  Clerk  of  the  Crown  com- 
manded to  retire  to  the  door :  And  after,  sir 
Francis  Goodwin  himself  (whom  it  specially 
concerned)  attending  lo  know  the  pleasure  of 
the  house,  was  called  in,  to  deliver  the  state  of 
his  own  cause,  ore  leaus  ;  wherein  be  was 
beard  at  large,  and  commanded  again  to  retire 
jnlil  the  house  had  determined  what  to  do. 

In  this  mean  time  the  whole  case  was  at 
large  opened,  and  argued  pro  ci  contra  by  sun- 
dry learned  and  grave  Members  of  the  house, 
nnd  after  much  dispute  tlie  question  was  agreed 
upon,  and  made. 

Quest.  '  Wbetlter  sir  Francis  Goodwin  were 
'  lawfully  elected  and  returned  one  of  the  ' 
1  Knights  for  Bucks  ;  and  ought  to  be  admitted 
'  and  received  as  a  Member  of  this  House  i    • 

Upon  this  question  it  was,  HesoU'ed  in  the 
affirmative,  "  That  he  was  lawfully  elected 
and  returned,  and,  tie  jure,  ought  to  be  receiv- 
ed." Hereupon  the  Clerk  of  the  Crown  was 
commanded  to  file  the  iirst  Indenture  of  Be- 
luni :  and  order  was  given,  that  sir  Francis 
should  presently  take  the  Oath  of  Supremacy 
usual,  and  his  place  in  the  House;  which  bet 
did  accordingly. 

Bit  Maria  37  Martii  160-1, 
Sir  Francis  Bacon,  in  reporting  a  conference 
'it h  the  lords,  touching  Wardship  and  oilier 
tilings,  reported  thai  a  lord  touched  the  Cnse  of 
sir  Francis  Goodwin  as  a  thing  be  had  heard  at 
large,  hut  did  not  understand  it ;  and  therefore 
desired  to  know  it  mote  particularly  from  this 

Answer  was  made,  That  they  had  no  War* 

nt  from  the  house  to  speak  of  it. 

Sir  Edward  Coke,  bis  majesty's  attorney- 
general,  and  Mr.  Dr.  Hone,  bring  a  Message 
Iroin  the  lords,  expressing  with  what  accepta- 
tion their  lordships  entertained  their  mutton 
yesterday,  not  only  for  the  mutter  being  of 
very  great  weight  and  consequence,  but  espe- 
cially for  the  manner  ;  namely.  That,  touching 
Wardship,  they  would  not  petition  for  ease  in 
it  as  a  matter  of  wrong,  but  of  grief;  and  pray 
to  be  relieved  by  grace,  and  not  by  justices 
And  llicir  lordships  for  answer  were  desirous, 
and  moved  at  that  time  lo  couple  in  the  same 
petition  the  matter  of  grievance,  of  Respite  of 
Hoinuge,  which  his  majesty,  out  of  his  gracious  . 
favour  and  love  to  his  people,  had  himself 
taken  knowledge  of.  '  And  as  they  conceive 
'  it  to  be  likely,  that  the  conference  may  con- 
'  tinue  between  the  two  houses,  touching  the 
'  said  mutters  i  as  they  are  very  jealous  of  the 
'  furtherance  of  their  purpose,  so  are  ihcy 
'  jealous  of  any  impediment  that  may  breed 
1  lett,  or  hindrance  therein  ;  therefore  ihey  de- 
'  sire,  for  a  more  clear  proceeding  and  remov- 
1  ingot'  all  stumbling-blocks,  that  the  former 
'  committees  may,  in  a  second  conference  to 
'  be  had,  have  authority  lo  treat  touching  the 
'  Case  of  sir  Francis  Goodwin,  the  Knight  for 
'  Buckinghamshire, first  of  all,  hefoie  any  other 
1  matter  were  farther  proceeded  in.* 

A.  The  answer  to  this  McMfgr,  (a*  in  suclt 


95]    STATE  TRIALS,  1  James  I.  100+.— The  Cmktwtm  Sir  Francit  Goodwin,    [M 

cases  ia  fur  the  more  put  usual)   '  That  the;    '. 
would  return  answer  by  messengers  of  their    ; 


Upon  this  Message  it  was  argued  by  some, 
'  That  in  no  sort  ttiey  should  give  account  to 

*  the  lords  of  their  proceedings  in  the  house  ; 
'  but  tliat  Mr.  Spender  should  from  the  house 

*  be  a  suitor  to  iiis  majesty,  to  have  access, 
. '  and  as  <heir  common  mouih  give  his  highness 

1  satisfaction  by  direction  from  the  house : 
'  That  now  the  Judgment  of  sir  Francis  Oood- 

*  win's  case  having  passed  the  house,  it  could 

*  not,  nor  ought  not,  to  be  reversed  by  them. 
»  A  Precedent,  ST  Eiiz.  cited ;  where  a  Bill 
'  brought  down  from  the  lords,  upon  the  first 

*  reading  was  /ejected;  the  lords  sent  inescen- 
'  ger*  to  demand  a  reason  of  their  Judgment. 

*  It  was  denied  to  yield  any  reason.' 

This  Argument  brought  forth  this  Question, 
which  Mr.  Speaker  was  ordered  by  the  house 
presently  to  make,  viz. 

Quest.  *  Whether  lliey  should  confer  with 

*  the  lords,  touching  the  Caw  of  sir  Francis 
'  Goodwin  the  Knight  for  Buckinghamshire?' 

*  And  Resolved,  Tlnrt  they  should  not." 

It  was  then  considered  us  fn  to  return  some 
Answer  of  the  Message  from  tin'  lords ;  and 
Mr.  Secretary  Herbert,  with  some  other  of  the 
Committees,  were  appointed  to  deliver  to  their 
lordships,  from  the  house ;  '  That  they  did 
'  conceive  it  did  not  stand  with  the  Honour 
'  and  Order  of  the  house,  to  give  account  of 
"  any  their  proceedings  or  doings :  but  if  their 
'  lordships  have  any  purpose  tr>  confer  for  the 

*  residue,  that  then  they  will  be  ready  at  such 
'  time  and  place,  and  with  such  number  as 
'  their  lords!]  ii.s  stud]  think  meet.' 

Upon  the  lust  Message  to  the  lords,  the 
messengers  return,  '  That  their  lordships  would 

*  presently  send  answer  by  messengers  of  tlieir 

Sir  Edward  Coke,  his  majesty's  Attorney- 
General,  Mr.  Dr.  Cure*,  Mr.  Dr.  Hone,  and 
Mr.  Tyndall,  delivered  from  the  lords,  '  That 

*  their  lordships  taking  notice  in  particular  of 

*  the  Return  of  the  Sheriff  of  Burks;  and  ao 

*  quninting  his  majesty  with  it,  his  highness 
'  conceived  himself  engaged  and  touched  in 
'  honour  that  there  might  be  some  conference 
'  of  it  between  the  two  houses :  und  to  tbiit 
'  end,  signified  his  pleasure  unto  them,  and  by 
'  them  to  this  house.* 

Upon  this  Messmze,  so  extraordinary  ond 
unexpected,  the  house  entered  in  some  c'xui- 
demtion  what  were  lit  to  be  done ;  and  lie- 
solved,  '  That  bis  majesty  misfit  be  moved  for 
access  rhene&t  duv.'  Anil altcrwnrdj  they  un- 
derstood his  pleasure  to  be,  '  Tlial  ihev  should 
attend  at  Whitehall  ut  eight  the  next  morning.1 
But  because  the  time  was  then  somen  hut  far 
•pent,  they  Ordered,  '  That  the  House  with 
Mr.  Speaker,  should  meet  ut  ait  the  next 
morning  in  the  house.' 

Yet  afore  their  rising,  ihey  thought  fit  to 
name  a  Committee,  to  set  down  the  effect  of 
that  which  Mr.  Spenker  was  to  deliver  from 
tit*  house  to  tbc  king,  viz,  sir  Francis  Bacon, 


Mr.  Weotworth,  Mr.  Martin,  Mr.  Serj.  Sing, 
sir  Rob.  Wroth,  Mr.  Fr.  Moore,  sir  Henry 
Mountague,  sir  Wm.  Fleetwood,  Mr.  Fuller, 
Mr.  Serj.  Tuuneld,  Mr.  Serj.  Hobbard,  sir 
Robert  Wiugficld,  Mr.  Hide,  Mr.  Diet,  Mr. 
Winch,  sir  Edwin  Saudis,  sir  Fr.  Hastings, 
Mr.  Wiseman,  sir  Geo.  Moore,  sir  Edw. 
Hobby,  sir  Rob.  Cc.tton,  sir  Tim.  Lake,  sir 
Oliver  St.  John,  sir  Edw.  Stafford,  Mr.  An- 
throbus,  Mr.  Serj.  Dodridge,  sir  Roger  Wil- 
bruharo,  Mr.  Solicitor,  sir  Edw.  Tyrrel,  to  meet 
at  4  o'clock  this  afternoon  at  the  P»rltnment- 
Cuamber  in  the  Middle-Temple. 

Iiit  Merturii,  w.  28  die  Martu. 

Mr.  Speaker,  with  a  great  number  of  the 
house,  assembled  at  6  a-dock  this  morning, 
with  a  purpose  to  treat  and  resolve  what  should 
be  delivered  to  his  majesty,  (being  appointed  to 
attend  him  the  same  morning  at  8  a-cluck) 
touching  the  Reasons  of  their  Proceedings  in 
sir  Francis  Goodwin's  Case:  but  because  the 
bouse  was  not  then  thought  full  enough  for  a 
matter  of  that  consequence,  they  proceeded  to 
the  reading  of  Bills. 

Upon  motion  touching  Mr.  Speaker's  attend- 
ance on  the  king,  a  Committee  was  named  to 
accompany  him,  vi*.  All  the  Privy-Council, 
being  members  of  the  house:  Sir  George  Carew, 
Vice-Chamberlain  to  the  queen,  sir  Francis 
Bacon,  Mr.  Serj.  Dodridge,  sir  Henry  Moun- 
tague, Mr.  Serj.  Hobbard,  Mr.  Serj.  Lee,  Mr. 
Fuller,  Mr.  Hide,  Mr.  Francis  Moore,  Mr. 
Winch,  Mr.  Tate,  Mr.  Rd.  Martin,  Mr.  Serj. 
Shirley,  Mr.  Serj.  Tanfield,  sir  John  Heiglmm, 
sir  Rob.  Osco bridge,  sir  Wm.  Fleetwood,  sir 
Kdwju  Sandis,  sir  Rob.  Wroth,  sir  George 
Fleetwood,  sir  John  Scott,  sir  Herbert  Crofts, 
sir  James  Scudamorc,  sir  Jerome  Horsey,  sir 
Edw.  Radcliuc,  sir  Tbo.  Holer  oft,  sir  Anthony 
Rowsc,  sir  Henry  Nerill,  sir  Edw.  Mountague, 
sir  Tbo.  Hobby,  sir  Michael  Sandis,  Mr.  Tho. 
Bfiisoii,  sir  Fr.  Fane,  sir  Fr.  Hastings,  sir  Geo. 
Moore,  sir  Edw.  Hobby,  sir  Robert  VVingfield, 
sir  Maurice  Berkley,  sir  Edw.  Tyrrell,  sir  Wm. 
Killetircw,  sir  Fr.  Popbum,  Mr.  Fr.  Clifford, 
air  John  Savill,  sir  Tho.  Waller,  sir  Wm  Lower, 
Mr.  Nuth.  Bacon,  sir  Rd.  Vcniey,  sir  George 
Fane,  Mr.  Toby  Matthew,  sir  Tho.  Ridgwav, 
Mr.  Edw.  Seymour,  sir  Wm.  Buurlacy,  sir  Rob. 
Moore,  sir  J  una.  Trelownev,  sir  Edw.  Denny, 
sir  Tbo.  Walaingliruti,  .sir  Fr.  Bnrrington,  sir 
Robert  Nnppier.  sir  Valentine  Knigiitley,  sir 
George  Carew,  Master  of  the  Chancery,  sir 
Nidi.  Halsnell,  sir  John  Thymic,  sir  Tbo. 
Frcnke,  sir  Jerome  Howes,  sir  Edw.  Herbert, 
sir  John  Leveson,  Air.  Dudley  Carle  ton. 

Mr.  Speaker,  together  with  these  Commit- 
tees, were  this  day,  at  fJ  in  tho  morning,  ap- 
pointed to  attend  his  majesty,  and  to  relate  the 
Reasons  of  the  Proceeding  of  the  bouse  iu  sir 
Francis  Goodwin's  Case;  where,  upon  Ansner 
or  Reply,  such  lawyers  .is  be  of  the  Committee 
arc  to  give  their  assistance. 

Die  Jovit,  vit.  29  die  Martii,  160*. 

Mr.  Speaker  relateth  what  he  had  delivered 
to  the  king  by  warrant  from  (be  house  the  day 


y?] 


STATE  TRIALS,  ]  James  I.  1G04.— and  Sir  Mm  Fortescve. 


[US 


before,  toucliiog  tlieir  Proceeding  in  sir  Francis 
Goodwins  Case,  and  his  majesty's  Answer; 
whereof*,  because  part  was  afterwards  penned 
bv  select  Committees,  read  in  the  house,  and 
offered  in  writing  to  the  king,  "  I  have  but 
teuched  the  Heads,  omitting  many  circum- 
stances." lie  said,  he  first  delivered,  J.  The 
Manner  and  Matter.  2.  Then  such  Precedents 
a?  had  been  vouched  and  stood  upon.  3.  He 
n-jened  the  body  of  the  Law  for  Election. — 
Ite  first  Writ  ot  Summons,  dated  ultimo  Ja- 
curii  before  the  Parliament :  the  Writ  issued 
cuiv;  the  liberty  was  free,  by  that  writ,  to 
cause  in  pUno  comiiatu  :  the  Flection  was  made 
according  to  that  writ, unci  the  Indenture  duly 
returned;  und  therefore  adjudged  by  the  house, 

*  That  this  first  election  bemjr  ^ood,  the  second 

•  «a>  consequently   void/ — For  the  mutter  of 
Utlawry   against  sir   Francis  Goodwin,  there 
was  one  prosecuted  against  him  at  the  suit  of 
Johnson,  31    Eliz.   for  00/.   and  was  laid  ami 
proceeded  in  the  Hustings,  Ixmdon.     Another, 
at  tl«  suit  of  one  Hacker,  for  16/.  39  Kliz. 
Hut   *>ir   Francis  had  since  been  chosen,  nd- 
m.tred,  and  served  as  a  member  of  this  house, 
in  the  several  parliaments  holden  39  and  43 
Eii/.     Tliat   the    Uilawry    remained    in    the 
Huntings,  so  as  the  law  could  not  take  notice 
o-  it;  neither  was  it  pleadable. — 1  Eliz.  One 
Smith  was  found  utluwed,  and  pri\iiegcd  by 
the  house. — 23  Eliz.  One   Vau«han  utiawed ; 
snH,  upon   the  question  and  division  of  the 
h  "lm.-,  privileged :    beinz  carried  with  the  dif- 
kreuce  ot  sii  voice*.— 35  Eliz.   Three  prece- 
cmt*   vouched.— 39  Hen.   G.*    Fitz-Herbert. 
Th*  ease  not  judged ;  but  Opinions  delivered. 
—Mr.  John  Killegrew  having  52  utluwries  re- 
turned ac'iinst  liiin,  was  admitted  to  serve  in  the 
bouse.     Sir  Win.  Harecourt  was  found  IB  times 
uhwed,  and  yet  was  admitted  to  serve. — The 
Luiimcr  ot   the  Election  is  limited  bv  the  Sta- 
tute.   1  he  Mippo«-cd  Utlawry,  31  Kliz.  against 
*<rFrinci>.  was*  no  iittavt:\  at  all:  for  when  so- 
«er  a  nriii  is  sued,  the  proclamation  omj.t  to 
l*  mtv  i he  county  when*  the  party  duellcth; 
'•M-*  the  lit'  iwry  is  not  good.-—  39  ov  43  F.l:/. 
1W  antral   Pardon  \*    pood    lor    I'llawries, 
1*10  t  :J|,  saving   the   party  at  whose  suit. — 
Sllli.   It   wa«    Francis-cu*  Goodwin,  Gen. — 
3'  Khz.    Franciscus  Goodwin.    Armiir-      The 
ifrr.if  i>  no  judge  of  the  utlawry,  neither  c-iuld 
liAf  iij'K'.'  it  was  the  same  man;  and  therefore 
5-i-j!  i  n  r  propc  rly  return  him  utiawed.*' 

lb-  Majesty  answenwl,  u  He  was  loth  hj? 
>'riif.H  |j«f  forced  to  alter  hi>  tune;  and  tl::it  he 
*i»iM  now  change  it  into  matter  of  urief  bv 
»j\  irt  c  munition.  He  did  sample  it  to  the 
::.:nij;ir  and  contradict  i-m  of  the  people  of 
l»r..,-L — lit*  did  not  attribute  the  cause  of  hi* 

•  Hi-re  the  acriirite  Editor  of  the  printed 
L-rn-rls  makes  this  n-sinrk,  "  Tin?  wordi  <W 
ii  u.  •  teem  to  be  im*  roperly  inserted  here,  and 
«•'.  bi  l lie  Hook  of  Note?,  pi:1  red  before  the 
:-'i>u>n  of  Smyth's  Case,  1  Eli/,  and  in  the 
"•-.-.in  of  the  Journal  itself  against  these  words 
*  •ruwn  Quxre." 

vol.  ji. 


grief  to  any  purpose  in  the  house  to  offend  him  ; 
but  only  to  a  misinkiii"  of  tlie  law.  For  mat- 
ters  of  fact,  he  answered  them  all  particularly. 
That,  for  his  part,  he  wns  indifferent  which  of 
them  were  chosen,  sir  John,  or  sir  Francis :  that 
they  could  suspect  no  special  alfection  in  him, 
because  this  was  a  Counsellor  not  brought  in 
by  himself. — That  he  had  no  pur}K>se  to  im- 
peach tlieir  privileee;  but  since  they  derived 
all  matters  of  privilege  from  him,  and  by  his 
grunt,  he  expected  they  should  not  be  turned 
against.  That  there  was  no  Precedent  did  suit 
this  case  fully :  Precedents  in  the  times  of 
Minors,  of  Tyrants,  of  Women,  of  Simple 
Kings,  not  to  be  credited;  because  for  some 
private  ends.  Uy  the  law  this  house  ou<iht  not 
to  meddle  with  Returns,  hciii'j;  alt  made  into 
the  Chancery,  and  are  to  be  corrected  or  re- 
formed by  that  court  only,  into  which  they  are 
returned."  35  Hen.  6.  it  was  the  Resolution 
of  all  the  Judges,  that  matter  of  Utlawry  was  a 
sufficient  cause  of  dismission  of  any  member 
out  of  the  liouse.  That  the  Judges  have  now 
resolved,  That  sir  Francis  Goodwin  standeth 
utiawed  according  to  the  laws  of  this  land.  In 
conclusion,  it  was  his  majesty's  special  charge 
unto  us  ; — That,  1.  The  course'  already  taken 
should  be  truly  reported.  2.  That  we  should 
debate  the  Matter,  and  resolve  among  our- 
selves. 3.  That  we  should  admit  of  Conference 
with  the  Judges.  4.  That  we  should  make  re- 
port of  till  the  Proceedings  unto  the  Council." 
This  Relation  being  made,  the  House  did 
not  enter  into  any  further  consideration  of  the 
matter  at  that  time;  but  Resolved  and  Ordered, 
"  That  it  should  be  the  first  matter  moved  th« 


next  morning. 


a 


Die  Veneris,  viz.  30  du  Murtii,  1G04. 

Moved  and  urged  by  one,  touching  the  Dif- 
ference now  on  foot  between  the  King  and  the 
House,  "  That  theie  is  just  fear  of  some  tireat 
abuse  in  the  hi".- Election.  That  in  his  con- 
science the  Kin^  lmih  been  much  misinformed; 
and  that  he  had  too  many  misin limners,  \>hich, 
j  he  prayed  God,  mi-Jit  be  renin  vd  or  lessened 
in  their  number.  That  now  the  Case  of  Mr 
John  Forte*rue  and  sir  Francis  Goodnin  was 
become  tbeeasc  of  the  whole  Kingdom.  That 
old  Lawyer**  forget,  and  'commonly  interpret 
the  law  acrorihn-4  to  the  time. — That  by  thi-> 
course  the  free  Election  of  the  country  is  taken 
a\\av,  n:el  mme  shall  be  chosen  but  such  as 
-Imfl  ulea^e  the  King  and  Council.  Let  us 
therefore,  ^'.'!i  fortitude,  understanding  and 
.sincerity,  >=cck  to  maintain  our  Privilege;  v.lm  h 
cannot  he  taken  or  construed  any  contempt  in 
us,  but  merely  a  maintenance  of  our  common 
riaht,  which  uur  ancestors  ha\e  left  us,  and  is 
just  and  tit  for  us  to  trrm-t-r  to  our  posterity." 

Another,  lor  a  law  to  be  made,  "That 
never  anv  man  outlawed,  should  «dicw  his  face 
here  njrain.  I  tic  dith  rence,  he  observed,  was 
sniiie  imrespectivc  carriase  towards  hismnjesty 
in  this  matiei  ;  and  therefore  let  our  proceed- 
m«r  be  dutiful  ami  cartful  towards  hin»,  in  au- 
vising  ot'  some  kpeefly  coui»e  to  j»ive  his  majesty 


99]  STATE  TRIALS,  1  James  I.  160*.— The  Cote  between  Sir  Francis  Goodwin,    [100 


satisfaction  ;  that  is  (as  he  conceived)  accord- 
ing to  the  King'*  project,  tint,  to  advise 
among«t  ourselves,  and  then  to  confer  with  the 
Judges,  n*jt  as  Parliament-men,  but  as  Coun- 
sellors ;  not  as  though  they  were  to  reverse 
our  errors,  but  thut  we  might  be  better  in- 
formed ;  not  now  the  Case  of  sir  John  and  sir 
Francis,  but  a  Case  of  great  difference  between 
the  king  and  us,  wherein  we  are  deeply  to  con- 
sider the  consequence  if  this  pique  be  bruited 
in  the  country,  abroad  or  beyond  the  seas.  It 
is  fit  we  let  the  king  see  how  much  we  take  to 
heart  this  matter,  sithence  our  affections  have 
so  much  appeared  in  the  passing  and  present 
expediting  of  the  Act  of  Recognition,  &c." 

Cunclut.  That  we  should  tender  our  hum- 
ble Petition  to  his  majesty,  for  leave  to  make  a 
Law  for  the  banishing  of  all  Outlaws  hereafter 
from  the  Parliament,  and  pray,  that  we  may 
bold  all  our  Privileges  entire. 

A  Third,  "  That  we  ought  not  to  contest 
with  the  king;  that  it  is  fit  to  have  a  Confer- 
ence :  that  by  it  we  shall  lose  no  Privilege,  but 
rather  gain  ;  for  the  matters  of  the  Conference 
will  be  two,  satisfaction  of  the  king,  and  putting 
in  certainty  our  Privilege.  All  is  not  yet  said 
that  may  be  said  ;  we  are  not  to  dispute  with 
one  that  is  governor  of  thirty  legions.  Conji- 
tendum  est  ne  J'rustra  interrognsset.  .  Let  us 
deal  plainly  and  freely  with  the  Lords,  and  let 
them  know  all  the  reason*.  They  are  jealous 
of  the  Honour  of  a  Privy-Counsellor,  we  or  the 
Freedom  of  Election,  it  is  fit  great  men  main- 
tain the  Prerogative ;  so  is  it  fit  that  we  main- 
tain our  Prn  ileges.  This  is  a  Court  of  Record, 
therefore  ought  we  by  all  means  seek  to  preserve 
the  honour  and  dignity  of  it.  If  a  burgess  l»e 
chosen  tor  two  places,  the  burgess  makes  his 
choice  for  which  he  will  serve,  and  a  warrant 
shall  be  directed  from  Mr.  Speaker,  in  the 
name  of  the  house,  to  the  Clerk  of  the  Crown 
to  send  forth  a  Writ  for  a  new  Election  for  the 
other  place  left ;  which  is  a  direct  proof  that  it 
is  a  Court  of  Power  and  Record.  We  have  a 
Clerk  and  a  Register;  all  matters  that  pnjs 
here  are  entered  of  Record,  and  preserved.  As 
they  stand  for  the  honour  of  a  Counsellor,  so 
we  for  our  Privileges.  It  is  to  be  wished,  that 
we  had  a  law  to  declare  our  Privileges,  that 
we  have  a  Court  of  Record  and  a  Register." 

Obi.  We  (they  say)  are  but  half  of  the 
body,  and  tike  Lords  are  the  parts  nearest 
the  head. 

Ant.  Nothing  ascends  to  the  Head  hut  by 
the  Breasts,  cVc. — &mcL  That  we  may  pray 
it  may  be  explained  by  a  law  what  our  Privi- 
leges are  ;  and  that  no  man  outlawed  uiuy 
hereafter  be  admitted. — There  must  be  a  Judge 
of  the  Return  before  ue  sit;  and  this  is  now 
judged  according  to  the  positive  laws  of  the 
realm  by  lite  king,  which  ilifnugeth  not  our 
liberty,  siuce  we  judge  after  the  court  is  set, 
according  to  discretion. — No  precedent,  that 
any  man  wus  put  out  of  the  house  lor  utlawry ; 
therefore  it  had  been  tit  we  should  have  de- 
sired to  iaforni  the  king  that  he  was  inmn- 
ikrmed. — Let  111  now  leave  this  particular  Case 


to  the  king,  and  consider  and  resolve  of  the 
material  Questions  that  will  fall  out  in  the 
debate  of  it.  1.  Whether  this  Court  haih 
power  to  take  notice  of  Returns  made  before 
we  sit  here  ?  2.  Whether  men  utlawed  may  be 
of  the  house?  3.  Whether  a  man  pardoned, 
having  not  sued  forth  a  writ  of  Scire  facias,  may 
be  called  in  question  ?  4.  Whether  the  Writ 
were  returned  thp  17  th  of  Feb.  or  no,  upon 
oath  of  the  sheriff  ?" 

Some  others  were  strong  in  opinion,  That 
we  ought  not  to  confer  nor  to  commit,  saying, 
"  That  majesty  had  conferred  with  Justice; 
yet  majesty  had  left  the  stopping  of  the  wound 
to  us.  We  should  taint  ourselves  with  three 
great  blemishes,  if  wo  should  alter  our  Judg- 
ment, levity,  cruelty  and  cowardice.  There 
be  three  degrees  of  upright  Judgment,  motion, 
examination, judgment:  all  these  have  passed 
us.  No  Court  can  reform  their  own  judgment. 
Every  day  a  Term  here.  Every  act  that 
passeth  this  house  is  an  Act  of  Parliament, 
Shall  justice  float  up  and  down  ?  Shall  he  be  a 
member  to-day,  and  shall  we  tear  him  off  to- 
morrow ?  If  the  member  be  sound,  it  is  vio- 
lence :  if  the  hand  tear  the  rest,  it  is  cruelty. 
No  part  torn,  but  it  may  bleed  to  the  ruin  of  the 
whole.  Let  sir  Francis  Goodwin  stand  as  he  if : 
duty  and  courage  may  stand  together  ;  let  not 
the  house  be  inveigled  by  suggestions.  This 
may  be  called  a  Quo  Warranto  to  seize  our 
Liberties. 

There  hath  been  three  main  Objections. 

1.  -The  King's  Exception.  *  We  could  shew 
no  precedent  in  this  kind/ 

Answ.  '  The  King  could  show  no  such  Writ 
'  before.  Our  hands  were  never  sought  to  he 
*  closed  before,  nor  we  prevented.  It  opens 
'  a  gap  to  thrust  us  all  into  the  Petty-Bag.  A 
1  Chancellor  may  call  a  Parliament  of  what 
'  persons  he  will  by  this  course.  Any  sugges- 
4  tion  by  any  person,  may  be  cause  of  sending 
'  a  new*  Writ.' 

il  Obj.  by  the  Lord-Chief-Justicc.  «  By  the 
Law  we  had  nothing  to  do  to  examine 
Returns/ 

Answ.  '  Judges  cannot  take  notice  of  pri- 
vate Customs  or  Privileges :  but  we  have  a 
Privilege  which  stands  with  the  law/.  The 
Judges  informed  the  king  of  the  law,  but  not  of 
a  case  of  privilege.  It  is  true,  35  Hen.  6.  all 
the  Judges  resolved,  That  no  outlawed  man 
ought  to  be  admitted  ;  but  that  was  controlled 
by  parliament.  It  is  the  same  Opinion  now; 
let  us  control  it  as  then  :  we  have  done  no  of- 
fence to  the  state  ;  let  us  therefore  be  constant 
in  our  own  Judgment. 

3  Obj,  Another,  *  The  king's  pleasure,  that 
we  should  deliver  the  Reasons  of  that  we 
have  doiv  to  be  just/ 

If  we  clear  our  contempt,  we  have  discharged 
ourselves.  The  king's  Bench  cannot  reveise 
their  Judgment  the  same  Term;  therefore  not 
the  Parliament.  Let  us  send  a  message  to  the 
lords,  that  we  are  ready  so  to  do,  as  we  do  not 
undo  this  house. 

Others,  Non  coronabitur  qui  non  legUu 


101] 


STATE  TRIALS,  1  James  I.  1(504.— and  Sir  John  Fortescue. 


cer titer  it.  Not  to  be  termed  a  difference  be- 
tween his  majesty  and  the  commons.  Rogumus, 
AugHMte,  n«n  pugnamtu.  The  Question  is  not 
of  matter  of  Privilege,  but  of  Judgment.  Let 
di  attend  them  as  lords  of  the  council,  and  not 
as  lords  of  parliament. — We  do  no  ways  contest 
or  cooteud  with  his  majesty.  The  king  is  no 
•ay  bound  in  honour.  If  writ9  go  forth  un- 
duly, they  may  be  controlled  without  impeach- 
■eat  to  the  king's  honour.  It  is  the  act  of  his 
■ferior  officers.  It  is  now  come  to  this  ques- 
tion, '  Whether  the  Chancery  or  Parliament 
'ought  to  have  authority  ?' 

Quest.  Whether  we  ought  to  satisfy  the 
king  in  his  commandment  ? 

The  King's  message  was  that  we  should  con- 
sider within  ourselves,  and  resolve  of  ourselves; 
then  no  need  to  confer  with  the  Judges  :  if  we 
cannot,  then  it  is  lit  to  be  resolved  by  the 
Judges.  The  Judges  have  judged,  and  we  have 
judged :  what  need  then  of  Conference  ?  Let 
there  be  no  spark  of  that  grace  taken  from  us, 
which  we  have  had  already  from  his  majesty. 
Let  our  reasons  be  put  into  Article?,  and  deli- 
vered in  all  humbleness  unto  him. 

Upon  the  conclusion  of  this  Debate  in  this 
Banner,  the  House  proceeded  to  question  ;  and 
the  first  was, 

1.  Quest.  Whether  the  House  was  resolved 
in  the  matter  ? 

And  the  Question  was  answered  by  general 
voice,  That  the  whole  house  was  resolved. 

2.  Quest.  Whether  the  Reasons  of  their 
proceeding  shall  be  set  down  in  writing? 

Resolved,  That  they  shall  be  set  down  in 
writing:  and  ordered  further*  That  a  Committee 
should  be  named  for  that  purpose,  and  appoint- 
ed first  to  set  them  down  in  writing,  and  to 
Wing  them  to  the  House,  there  to  be  published, 
lad  to  receive  their  allowance. 

The  Committees  were  instantly  named,  viz. 

sir  Rob.  Wingfield,  sir  Geo.  Moore,  sir  Fr.  Ba- 

eaa,  Mr.  Yekerton,  Mr.  Dyett,sir  Fr.  Hastings,' 

Mr.  Hedley,  Mr.  Recorder  of  London,  sir  Edw. 

Hobby,  sir  Fr.  Barrington,  Mr.  Wiseman,  Mr. 

Hale,  Mr.  Fuller,  sir  Edw.  Mountague,  Mr.  Ra- 

Hsscroft,  sir  W.  Fleetwood,  Mr.  Winch,  sir 

Tao.  Challoner,  Mr.  Solicitor,  sir  Roger  Wil- 

Waham,  sir  John  Thynne,    Mr.  Martin,  s-ir 

Arthur  Atye,  Mr.  Francis  Tate,   sir  Roland 

Litton,  sir  Henry  Nevill,  Mr.  Attorney  of  the 

Wards,  sir  John  H  oil  is,  sir  Hob.  Wroth,   sir 

John  Scott,  Mr.  Hitcham,  sir  Edw.  Stafford, 

it  John  Mallory,  sir  Herbert  Crofts,  sir  Fr. 

Fane,  sir  lid.  Molyneux,  sir  John  Hungerford, 

fir  Edw.  Herbert.     All  the  Serjeants  at  Law. 

Mr.  NutlL  Bacon,  Mr.  Ilext.      To  meet  this 

afternoon  in  the  Exchequer-Chamber.    . 

Tlie  authority  given  unto  them  by  the  House, 
was  this: 

44  The  House  being  resolved  upon  the  ques- 
tion. That  the  Reasons  of  their  precedent  Re- 
solution, touching  the  Return,  Admittance  and 
Retailing  of  sir  Francis  Goodwin  as  a  member 
of  this  bouse,  should  be  set  down  in  writing: 
these  Committees  were  specially  appointed  to 
perform  that  service,  and  have  Warrant  from  the 


[102 


house  to  send  for  anyofticer,  to  view  and  search 
any  Record,  or  other  thing  of  that  kind,  which 
may  help  their  knowledge  or  memory  in  this 
particular  service  :  And  having  deliberately  by 
general  consent  set  down  all  such  reasons,  they 
are  to  bring  them  in  writing  into  the  house, 
there  to  be  read  and  approved,  as  shall  be 
thought  fit." 

Die  Luna,  viz.  2  die  A  prills,  160*. 

It  was  then  moved,  That  Committees  might 
he  named  to  take  the  examination  of  the  sheriff 
of  Buckinghamshire,  who  was  by  former  order 
sent  for,  and  now  come.  And  to  that  end  were 
named,  Mr.  Solicitor,  sir  Rob.  Wroth,  sir  W. 
Fleetwood,  sir  Tho.  Challoner,  sir  Rob.  Wing- 
field,  Mr.  Serj.  Tanfif Id,  Mr.  Serj.  Lee,  Mr. 
Yelvcrton,  Mr.  Fr.  Moore.  Who  uere  ap- 
pointed to  take  his  Examination  presently. 

Sir  Charles  Cornwallis  moveih  in  excuse  of 
sir  Francis  Goodwin's  absence  from  the  house, 
and  prayeth, "  That  they  would  as  well  in  their 
own  judgment  pardon  it,  as  witness  and  affirm 
his  care  and  modesty  upon  all  occasions  to  the 
king,  u\  that  he  hath  forborne,  during  all  the 
time  of  this  question,  to  come  into  the  house." 

The  Examination  was  presently  taken  by 
these  Committees,  and  returned  in  this  form. 

Interr.  1.  Why  he  removed  the  county  from 
Aylesbury  to  Brickhill  ? 

He  saith,  It  was  by  reason  of  the  Plague  being 
at  Aylesbury,  the  county  being  the  26th  of  Jan. 
at  which  time  three  *  ere  dead  of  the  .plague 
there.  This  was  the  only  motive  of  removing 
his  county. 

Inrerr.  2.  Whether  he  were  present  at  the 
first  Election  ? 

Saith,  He  was  present ;  and  was  as  faithful 
to  wish  this  second  place  to  sir  Francis  Good- 
win, as  the  first  to  sir  John  Fortescue :  sent  sir 
Francis  Goodwin  word,  before  the  election,  he 
should  not  need  to  bring  any  freeholders,  for 
the  election  he  thought  would  be  without  scru- 
ple for  them  both  ;  first  to  sir  John,  second  to 
sir  Francis.  About  8  of  the  clock  he  came  to 
Brickhill;  was  then  told  by  sir  George  Throck- 
morton, and  others,  that  the  fin>t  voice  would 
be  given  for  sir  Francis ;  he  answered,  He  hoped 
it  would  not  be  so,  and  desired  every  gentleman 
to  deal  with  his  freeholders.  After  eight  of  the 
clock  went  to  the  election  a  great  number,  there 
being  at  the  county,  *  *  *  After  the  Writ  read, 
he  first  intimated  the  points  of  the  Proclama- 
tion ;  then  jointly  propounded  sir  John  Fortes- 
cue  and  sir  Francis  Goodwin.  The  Freehold- 
ers cried  firsl, '  A  Goodwin,  a  Goodwin !'  Every 
Justice  of  Peace  on  the  Bench  said,  '  A  For- 
tescue,  a  Fortescue  1'  and  came  down  from  the 
Bench  hefore  they  named  any  for  a  second 
place,  and  desired  the  Freeholders  to  name  sir 
John  Fortescue  for  the  first.  Sir  Francis  Good- 
win being  in  a  chamber  nenr,  was  ?ent  for  by 
the  Sheriff  and  Justices  ;  and  he  came  down 
and  earnestly  persuaded  with  the  Freeholders, 
saying,  Sir  John  was  his  good  friend,  had  been 
his  father's,  and  that  they  would  not  do  air  John 
that  injury :    notwithstanding  the  Freeholders 


103]    STATE  TRIALS,   1  James.  2001 The  Case  between  Sir  Francis  Goodwin,    [104 

discerning ;  shewing  affectionate  desire  rather 
to  receive  satisfaction  to  clear  us,  than  cause  to 
pardon  us:  we  do  in  nil  humbleness  render  our 
most  bounden  thanks  tor  the  same;  protesting, 
by  the  bond  of  our  allegiance,  that  we  never 
hud  thought  to  offend  your  majesty  ;  at  whose 
feet  we  shall  ever  lie  prostrate,  with  loyal  hearts, 
to  sacrifice  ourselves  and  all  we  have  for  your 
majesty's  service :  and  in  this  particular,  we 
could  find  no  quiet  in  our  minds,  that  would 
suffer  us  to  entertain  other  thoughts,  until  we 
had  addressed  our  answer  to  your  most  excel- 
lent majesty  ;  far  which  nevertheless  we  have 
presumed  of  the  longer  time,  in  respect  we  have 
prepared  some  precedents,  requiring  search,  to 
yield  your  majesty  better  satisfaction. 

There  were  objected  against  us  by  your  ma- 
jesty and  your  reverend  judges,  four  things  to 
impeach  our  proceedings,  in  receiving  Francis- 
Goodwin,  knight,  into  our  house. 

Objection  W,  'The  first,  That  we  assume 
'  to  oui selves  power  of  examining  ff  the 
'  Elections  and  returns  of  knights  and  bur- 
'  ge«MS,  which  belonged  to  your  majesty's 
'  C'bancerv,  and  not  to  us:  for  that  all  Re- 
*  turns  of  Writs  were  examinable  in  the 
i  courts  wherein  they  are  returnable  ;  and 
'  the    parliament  writs  being   returnable 
'  into  tjie  C'bancerv,  the  rt turns  of  tliena 
'  must,  needs  be  there  examined,  and  not 
'  with  us.' 
Our  humble   Answer  i*,  That  until   the  7th 
Hen.  1.  all  Parliament-Writs  were  returnable 
inio   the  parliament ;  as   appeareth    by   many 
precedents  of  record   ready  to  be  shewed,  and 
consequently  the  returns  there  examinable:  in 
which  year  a  Srirute  was  made,  Thar  thence- 
forth  everv    Parliament-Writ ,  conLiinini!   the 


would  not  desist,  but  all  cried, »  A  Goodwin,  a 
Goodwin  !'  some  cryiun,  •  A  Fortcscue,'  to  the 
number  of  00,  or  thereabouts ;  the  oilier  for 
«ir  Francis  Goodwin,  being  about  2  or  300 : 
and  sir  Francis  Goodwin,  to  his  tlunking,  dealt 
-very  plainly  and  earnestly  in  this  matter  for  sir 
John  Eortescue ;  for  that  sir  Francis  Goodwin 
did  so  earnestly  protest  it  unto  him. 

Intcrr.  S.  Who  laboured  him  to  make  the 
Return  so  long  before  the  day. of  the  Parlia- 
ment ? 

He  being  here  in  London,  Mr.  Attorney  Ge- 
neral, the  2nd  of  Murch,  at  his  chamber  in  the 
inner  Temple,  delivered  him  two  Cap.  Utlagat. 
against  sir  Francis  Goodw  in ;  and  before  he 
made  his  Return,  he  went  and  advised  with  Mr. 
Attorney  about  his  Return,  who  penned  it,  and 
so  ic  was  done  by  his  direction :  and  the  Return 
being  written,  upon  Friday  after  the  king's 
coining  through  Loudon,  near  about  my  Lord 
Chancellor's  Gate,  in  the  presence  of  sir  John 
Fortescue,  he  delivered  the  Writ  to  sir  George 
Coppiu  :  and  at  this  time  (it  being  about  4  in 
the  afternoon)  and  before  they  finned,  sir  John 
Fortocuc  delivered  him  the  second  Writ  >ealed ; 
sir  John  Foitescue,  sir  George  Coppin,  and 
himself,  being  not  al>ovc  an  hour  together  at 
that  time,  and  never  had  but  this  new  Writ 
of  Parliament  to  him  delivered.  Subscribed, 
Francis  Cnr.Y.\E. 

This  was" returned  by  the  Committee  to  the 
hands  of  the  Clerk,  but  not  at  all  read  in  the 
house. — Mr.  Speaker  remembereth  the  matter 
of  Conference  with  the  Judges,  and  offered  to 
lepeat  and  put  again  the  Question*  that  were 
formerly  made  ;  being  befoie  uncertainly  and 
imperfectly  left  (as  he  said)  in  the  Case  of  Buck- 
inghamshire, viz..  1.  Whether  the  House  were 
resolved  in  the  matter?  2.  Whether  thev  should 
comer  with  the  Judges?  And  at  length  induced 
the  house  to  entertain  the  latter  Question ;  and 
being  made,  was  carried  by  general  voice  in  the 
negative,  no  conference. 

Upon  this  passage,  it  was  urged  for  a  rule, 
That  a  Question  being  once  made,  and  carried 
in  the  affirmative  or  negative,  cannot  be  ques- 
tioned again ;  but  must  stand  as  a  Judgment  of 
the  house. 

it  was  thought  fit  that  Mr.  Speaker  should 
attend  the  Committee  for  ]>emiing  the  Reasons 
in  sir  Francis  Goodwin's  Case,  not  by  com- 
mandment, but  voluntary  of  himself. 

Die  Martis  3  die  Apr i lis ,  1604. 
The  Reasons  of  the  proceeding  of  the  house 
in  Ur  Francis  Goodwin's  Case,  penned  by  the 
Committee,  were,  according  to  former  order, 
brought  in  by  Mr.  Francis  Moore,  and  read  by 
the  Clerk,  directed  in  form  of  a  petition. 

M  To  the  King's  most  excellent  Majesty,  The 
humble  Answer  of  the  Commons  Hou«e  of 
Parliament  to  his  Majesty's  Objections  in 
sir  Francis  Goodwin's  ('use. 

"  Most  gracious,  our  dear  and  dread  sovereign ; 
Relation  being  made  to  us  by  our  Speaker, 
of  your  majesty's  reynl  clemency  and  patience 
m  hearing  us,  and  of  your  princely-  prudence  in 


day  and  place  where  the  parliament  shall  be 
holden,  should  have  thi->  clause,  viz.  '  Ft  elec- 
(  tionein  tuain  in  pleno  comitatu  lactam  dis- 
'  tincre  et  aperte  sub  sigillo  tuo  et  sinilhs  eorum 
'  qui  election!  illi  mterluerint  nobis  in  Cuncel- 
'  lurium  nostram  ad  diem  et  locum  in  btevicon- 
'  tent.*  certilices  indilate.' 

By  ihi«,  although  the  form  of  the  Writ  be 
somewlmt  altered,  yet  the  power  of  the  parlia- 
ment, to  examine  mid  determine  of  elections* 
remaincth ;  fwr  so  the  statute  hath  been  always 
expounded  ever  sithence,  by  use  to  this  day  : 
and  for  that  purpose,  the  Clerk  of  the  Crown 
hath  always  used  to  attend  all  the  Parliament- 
time,  upon  the  Commons  House  with  the  Writs 
and  Returns;  and  al>o  the  commons,  in  the 
beginning  of  every  parliament,  have  ever  used 
to  appoint  special  committees,  all  the  parlia- 
ment-time, for  examining  controversies  con- 
cerning elections  and  returns  of  knights  and 
burgesses :  during  which  time,  the  writs  and 
Indentures  remain  with  the  Clerk  of  the  Crown, 
and  after  the  Parliament  ended,  and  not  before, 
are  delivered  to  the  Clerk  of  the  Petty-bag  in 
Chancery,  to  be  kept  there ;  which  is  warrant- 
ed by  reason  and  precedents  :  Reason,  for  that 
it  is  At  that  the  returns  should  be  in  that  place 
examined,  where  the  appearance  and  service  of 
the  writ  is  appointed.    The  appearance  and 


105] 


STATE  TRIAlS,  1  James  I.  160  k— and  Sir  John  Forkacuc. 


[10* 


service  it  in  parliament,   therefore  the  return 
examinable  in  parliament. 

Precedents:    One  in   the  29th  of  the  late 
queen  Eliz.  where,  after  one  Writ  awarded  into 
Norfolk  for  choice  of  knights,  and  elections 
made  and  returned,  a  second  was  before  the 
Parliament-day  awarded  by  the  Lord  Chan- 
cellor, and  thereupon  another  election  and  re- 
turn made ;  and  the  Commons  being  attended 
with   both  Writs  and  Returns  by  the  Clerk  of 
the  Crown,  examined  the  cause,  allowed  the 
fat,  and   rejected  the  second.     So  anno  23 
Eln.  a  Burgess  was  returned  dead,  and  a  new 
chosen,  and  returned- by  a  new  Writ,  the  party 
returned   dead  appeared  ;  the  Commons,  not- 
withstanding the  Sheriff's  return,  admitted  the 
first  chosen,  and  rejected  the  second.     Also, 
the  said  23d  year,  a  Burgess  chosen  for  Hull 
was  returned  a  lunatic,  and  a  new  chosen  upon 
a  second  writ :  the  first  claimed  his  place ;  the 
Commons  examined  the  cause,  and  finding  the 
return  of  Lunr-^y  to  be  true,  they  refused  him  ; 
but  it  it  had  been  false,  they  would  have  re- 
ceived him.     Anno  43  Eliz.  the  Sheriff  of  Rut- 
landshire returned   himself  elected ;  the  Com- 
mons finding  that  he  was  not  eligible  by  law, 
sent  a  Warrant  to  the  Chancery  for  a  new 
writ  to  choose  a  new.     Anno  43  Eliz.  also  a 
Burgess    was   chosen  for  two   Boroughs;  the 
Commons,  after  he  had  made  election  which  he 
would  serve  for,  sent  Warrant  to  the  Chan- 
nrv  for  a  Writ  to  choose  a  new  for  the  other 
borough  :  of  which   kind  of  precedents  there 
are  many  other,  wherewith  we  spare  to  trouble 
your  majesty.     All  which  together,  viz.  Use, 
Reason  and  Precedents,  do  concur  to  prove  the 
Chancery  to  be   a  place  appointed  to  receive 
tite  returns,  as  to  keep  them  for  I  lie  Parliament, 
bat  not  to  judge  of  them  ;  and  the  inconveni- 
ence might  be  great,  if  the  Chancery  might, 
•pun  suggestion**  or  sheriffs  returns,  send  Writs 
nr  new  elections,  and  those  not  subject  to  ex- 
amination in  parliament:  for,  so,  when  fit  men 
were  chosen  by  the  counties  and  boroughs,  the 
Lord-i  hancellor,  or  the  sheriffs,  might  displace 
tboa,  and  send  out  new  Writs,  until  some  were 
cvflen  to  their  liking  ;  a  thing  dangerous  in 
precedents  for  the  time  to  come,  howsoever  we 
rejr  sec  on  lv  from  it  at  this  present  by  the  now 
Lord  Chancellor's  integrity. 
Objection  9.  'That  we  dealt  in  the  cause  with 

*  too  much  precipitation,  not  seemly  for  a 

*  council  *ot  gravity,  and  without  respect 

*  to  your  most  excellent  majesty,  our  sove- 

*  reign,  who  had  directed  the  writ  to  be 
'  made;  and  being  but  half  a  body,  and 
'  no  court  of  record  alone,  refused  confe- 
'  rence  with  the  lords,  the  other  hal»,  not- 

*  withstanding  they  prayed  it  of  us.' 

Our  bumble  answer  is,  to  the  precipitation, 
That  we  entered  into  this  cause,  as  in  other 
parliaments  of  like  cases  hath  been  accustomed, 
Oiling  to  us  the  clerk  of  the  crown,  and  view- 
■5  bu«h  the  writs,  and  both  returns ;  which  in 
o*es  of  *  *  *  and  motions,  though  not  of  bills 
requiring  three  readings,  hath  been  warrant  by 
•nauDual  UMge  amongst  us:  and  thereupon, 


well  finding  that  the  latter  writ  was  awarded 
and  sealed  before  the  Chancery  was  repossessed 
of  the  former,  which  the  clerk  of  the  crown, 
and  the  sheriff  of  the  county,  did  both  testify, 
and  well  held  to  be  a  clear  fault  in  law,  pro- 
ceeded to  sentence  with  the  less  respect  ot  the 
latter  election.     For  our  lack  of  respect   to 
your  majesty,  we  confess,  with  grief  of  our 
hearts,  we  are  right  sorry  it  shall  be  so  con- 
ceived ;  protesting  that  it  was  no  way  made 
know  n  unto  us  before  that  time,  that  your  ma- 
jesty had  taken  to  yourself  any  special  notice, 
or  directed  any  course  in  that  cause,  other  than 
the  ordinary  awarding  writs  by  your  highnesses 
officers  in  that  behalf:  but  if  we  had  known 
as  much  as  some  will  have,  by  your  majesty's 
royal  mouth,  we  would  not,  without  your  ma- 
jesty's privity,  have  proceeded  in  that  manner. 
And  further,  jt  may  please  your  majesty  to 
give  us  leave  to  inform  you,  That  in  the  ex- 
amination of  the  cause  of  the  sheriff  avouched 
unto  us,  That  Goodwin  agreed  to  yield  the 
first  place  of  the  two  knights  to  sir  John  For- 
tescue,  and  in  his  own  person,  at  the  time  of 
election,  with   extraordinary  earnestness,  en- 
treated the  electors  it  might  so  be,  and  caused 
the  indentures  to  be  made  up  to  that  purpose ; 
but  the  electors  utterly  refused  to  seal  them. 
Concerning  our  refusing  conference  with  the 
lords,  there  was  none  desired  until  after  our 
sentence  passed ;  and  then  we  thought,  That 
in  a  matter  private  to  our  house,  which,  by 
rules  of  order,  miKht  not  be  by  us  revoked,  we 
might,  without  any  imputation,  refuse  to  con- 
fer.     Yet  understanding    by  their  lordships, 
That  your  majesty  had  been  informed  against 
i.s,  we  made   haste  (as  in  all   duty  we   were 
bound)  to  lay. open  to  your  majesty,  our  good 
and  gracious  sovereign,  the  whole  manner  of 
our   proceeding ;    '  not  doubting,  though   we 
'  were  but  part  of  a  body,  as  to  make  new 
'  laws,  yet  for  any  matter  of  privileges  of  our 
'  house,  we  are  and  ever  have  been  a  court  of 
•  ourselves,  of  sufficient  power  to  discern  and 
(  determine  without   their   lordships,  as  their 
'  lordships  have  used  always  to  do  for  theirs 
<  without  us.' 

Objection  3.  '  That  we  have,  by  our  sentence 
'  of  receiving  Goodwin,  admitted,  That 
'  outlaws  may  be  makers  of  laws ;  which 
'  is  contrary  to  all  laws.' 

Our  humble  Answer,  That  notwithstanding 
the  precedents  which  we  truly  delivered,  of 
admitting  and  retaining  outlaws  in  personal 
actions  m  the  commons  house,  and  none  re- 
mitted for  that  cause ;  yet  we  received  so  great 
satisfaction  delivered  from  your  royal  majesty's 
own  mouth,  with  such  excellent  strength  and 
light  of  reason,  more  than  before,  in  that  point, 
we  heard  or  did  conceive,  as  we  forthwith  pre- 

fmred  an  net  to  pass  our  house,  That  all  out- 
aws  henceforth  shall  stand  disabled  to  serve  in 
parliament:  but  as  concerning  Goodwin's  par- 
ticular, it  could  not  appear  unto  us,  having 
thoroughly  examined  all  parts  of  the  proceed- 
ings against  him,  that  he  stood  an  outlaw,  by 
the  laws  of  England,  at  the  time  of  the  election 


107]  STATE  TRIALS,  1  James  I.  l(m.±-Thc  Cote  between  Sir  Francis  Goodwin,  [109 


mnde  of  him  by  the  county;  and  that  for  two 
causes :  the  first  is,  That  where  the  party  out- 
lawed ought  to  be  five  times  proclaimed  to  ap- 
pear in  the  sheriff's  county  court ;  and  then 
not  appearing,  ought  to  be  adjudged  outlawed 
by  the  judgment  of  the  coroners  of  the  county ; 
there  uppeareth  no  record  made  in  the  Hustings 
of  London  that  Goodwin  was  five  times  pro- 
claimed, or  that  the  coroners  gave  judgment  of 
outlawry  against  him  :  but  a  clerk,  lately  come 
to  that  office,  hath  now,  many  years  after  time, 
and  since  this  election,  made  entries,  interlined 
with  a  new  hand,  that  he  was  outlawed :  to 
which  new  entries  we  could  give  no  credit,  for 
that  the  parties,  at  whose  suit  Goodwin  was 
saed,  have  testified  in  their  writings  of  release, 
That  they  never  proceeded  further  than  to  take 
out  the  writ  of  Exigent  for  an  outlawry ;  and 
being  then  paid  their  money  desisted  there : 
by  which  we  find,  That  Goodwin  wus  not  five 
times  proclaimed,  nor  adjudged  outlawed,  be- 
ing a  thing  usual  in  London  to  spare  that  pro- 
clamation and  judgment,  if  the  party  call  not 
upon  it;  and  no  record  being  made  for  many 
years  together,  that  either  of  them  was  done. 

The  second  Cause  was,  for  that  the  Writ  of 
Exigent  by  which  the  sheriff  was  commanded 
to  proclaim  him  five  times,  was  never  lawfully 
returned,  nor  certified  by  Certiorari;  without 
which,  we  take  it,  That  Goodwin  stood  not 
disabled  as  an  outlaw. 

To  this,  adding  the  two  general  Pardons  by 
Parliament,  which  had  cleared  the  outlawry  in 
truth  and  substance,  (if  any  were)  and  that 
Goodwin  could  not  apply  the  pardons  by  Scire 
Ja.  for  that  no  record  nor  return  was  extant  of 
the  outlawry,  whereupon  he  might  ground  a 
Scire  fa.  we  were  of  opinion,  and  so  your  ma- 
jesty's most  reverend  judges  would  have  been  if 
they  had  known  thus  much,  That  Goodwin 
stood  not  disabled  by  outlawry  to  be  elected  or 
serve  in  parliament :  but  when  we  considered 
further,  That  the  course  taken  against  Good- 
win for  drawing  him  into  this  outlawry  of  pur- 
pose to  disable  him  to  serve  in  this  place, 
whereto  the  county  had  freely  elected  him, 
was  unusual;  we  could  not,  with  the  reputa- 
tion of  our  places,  serving  as  a  council  of 
gravity,  in  allowance  or  continuance  of  that 
course,  censure  him  to  be  rejected  ns  uti  outlaw  : 
the  particulars  of  which  were  these,  viz. — Two 
exigents  awarded,  *  *  *  the  other  seven  years 
past  to  the  Hustings  in  London ;  no  entry 
made  of  five  proclamations;  nor  of  any  judg- 
ment of  the  coroners ;  nor  any  return  of  the 
exigents  mnde  or  endorsed ;  the  party  plain  if 
satisfied ;  the  pretended  outlawries  being  but 
upon  a  mean  process;  and  as  to  your  majesty's 
duties  and  contempts  pardoned  now  since 
Goodwin  was  elected  knight,  the  exigent  now 
sought  out  since  the  election  procured  to  be 
returned  in  the  name  of  the  sheriffs  that  then 
were,  and  are  long  since  dead,  and  new  entry 
made  of  the  five  proclamations  and  coroners 
judgment;  and  naw  a  return  made  of  that  old 
exigent,  which  could  be  of  no  use,  but  only  for 
a  purpose  to  disable  him  lor  that  place.    Upon 


all  which  we  could  do  nd  less  in  true  discretion 
than  certify  the  election  made  secundum  equum 
et  bonum. 

Objection  4.  'That  we  proceeded  to  exa- 
'  mine  the  truth  of  the  fact  of  Outlawry, 
1  and  gave  our  Sentence  upon  that : 
'  whereas  we  ought  to  have  been  bound 
'  by  the  Sheriff's  return  of  the  Outlawry 
'  from  farther  examining,  whether  the 
'  party  were  outlawed  or  not.' 

Our  humble  Answer  is,  That  the  Precedents 
cited  before,  in  our  answer  to  the  first  objec- 
tion, do  prove  the  use  of  the  Commons  House 
to  examine  veritatem  facti  in  elections,  and 
returns,  and  have  not  been  tied  peremptorily  to 
allow  the  return  ;  as  if  a  knight  or  burgess  be 
untruly  returned  dead  or  lunatic,  yet  when  lie 
appeared  to' the  house  to  be  living  and  sound, 
they  have,  contrary  to  the  return,  received 
him  into  the  house,  preferring  the  truth  mani- 
fest before  the  return.  By  which  discreet  pro- 
ceeding there  is  avoided  that  great  inconveni- 
ence above-mentioned  of  giving  liberty  to  She- 
riffs, by  untrue  returns,  to  make  and  remove 
whom  they  list  to  and  from  the  parliament 
service,  how  meet  soever  the  parties  be  in  the 
judgment  of  the  county  or  borough  that  elected 
them. — Thus,  in  all  humility,  we  have  presented 
to  your  most  excellent  majesty  the  grounds  and 
reasons  of  our  lute  action,  led  with  no  affec- 
tions, but  guided  by  truth,  warranted  in  our 
consciences,  imitating  precedents,  maintaining 
our  ancient  privileges,  honouring  your  excellent 
majesty  in  all  our  services;  to  which  in  all 
loyalty  and  devotion  we  bind  us  and  ours  for 
ever,  "praying  daily  on  the  knees  of  our  hearts, 
to  the  majesty  of  the  Almighty,  that  your  ma- 
jesty and  your  posterity  may  in  all  felicity  reign 
over  us  and  ours  to  the  end  of  die  world." 

These  Reasons  so  set  down  and  published  to 
the  House,  Mr.  Secretary  Herbert  was  sent 
with  message  to  the  lords,  That  the  house  had 
resolved  of  their  Answer  to  his  majesty,  (in  sir 
Francis  Goodwin's  Case)  and  had  set  it  down 
in  writing,  and  that  it  should  be  sent  to  their 
lordships  before  4  of  the  clock  in  the  afternoon ; 
who  immediately  returned  their  Lordships  An- 
swer, That  they  would  be  ready  at  that  time 
in  the  Council-Chamber  at  Whitehall,  with  SO 
of  the  lords,  to  receive  what  then  should  be 
delivered.  Then  were  named  threescore  to 
attend  the  delivery  of  the  said  Reasons  at  the 
time  and  place  aforesaid. 

Eodem  die,  p.  m. 

The  House  entering  seriously  into  consulta- 
tion what  course  was  to  be  held  with  the  lords; 
as  also  fulling  into  more  length  of  disputation 
touching  the  Bill  of  Merchants*,  than  were  ex- 
pected, sent  some  messengers  to  the  lords,  to 
excuse  their  lone  tarrying,  viz.  Sir  Edward 
Hobby,  sir  Ro.  Wilhrahani,  sir  Hen.  Ncvil,  sir 
Fr.  Hasting*,  Mr.  Marty n. 

This  afternoon  about  5  o'clock  the  Com- 
mittee appointed  did  attend  to  deliver  the 
Reasons  aforesaid  at  the  Council-Chamber  ac- 
cording to  appointment  and  order  of  both 
houses ;  and  they  were  delivered  by  sir  Francis* 


109] 


STATE  TRIALS,  1  James  I.  \00k- and  Sir  John  Fortescve. 


[110 


Bacon,  one  of  the  Committee,  with  desire, 
That  their  lordships  would  be  mediators  in  the 
behalf  of  the  house,  for  his  majesty's  satis- 
faction. 

Die  Mercuriiy  vi*.  4  die  Aprilis  1604. 
Sir  Francis  Bacon  having  the  day  before 
delivered  to  the  lords  in  the  Council-Chamber 
of  Whitehall,  (according  to  the  Direction  of  the 
souse)  the  Reasons  in  writing,  penned  by  the 
Committee,  touching  sir  Francis  Goodwin's 
Case,  maketh  report  of  what  passed  at  the  time 
•f  the  said  delivery.  First,  That  though  the 
Committees  employed  were  a  number  specially 
deputed  and  selected ;  yet  that  the  lords  ad- 
mitted all  burgesses  without  distinction ;  that 
they  offered  it  with  testimony  of  their  own 
speed  and  care  in  the  business,  so  as  t&ey  said 
ao  one  thing  bad  precedency,  but  only  the  Bill 
•f  Recognition  ;  that  they  had  such  respect  to 
the  weight  of  it,  as  they  had  not  commuted  it 
to  any  frailty  of  memory,  or  verbal  relation, 
bat  pot  it  into  writing  for  more  permanent 
memory  of  their  duty  and  respect  to  his  ma- 
jesty's grace  and  favour*,  that  in  conclusion 
they  '  prayed  their  lordships,  sitbence  they  had 
■carer  access,  they  would  co-operate  with  them 
for  the  king's  satisfaction ;'  and  so  delivered 
the  Writing  to  the  Lord-Chancellor,  who  re- 
ceiving it,  demanded,  Whether  they  should 
•end  it  to  the  king,  or  first  peruse  it  ?  To  which 
was  answered,  That  since  it  was  the  king's 
pleasure  they  should  concur;  they  desired  their 
lordships  would  first  peruse. 

The  lotd  Cecil  demanded,  Whether  they 
had  Warrant  to  amplify,  explain,  or  debate  any 
doubt  or  question  made  upon  the  reading  ?  To 
which  it  was  said,  They  had  no  Warrant.  And 
so  the  writing  was  read,  and  no  more  done  at 
that  time. 

Die  Jovit,  viz.  5  die  Aprilis,  1604. 

Mr.  Speaker  by  a  private  commandment  at- 
tended die  King  this  morning  at  eight  o'clock, 
sad  there  staid  till  ten. 

Mr.  Speaker  excuseth  his  absence,  by  reason 
at  was  commanded  to  attend  upon  his  majesty. 
Aad  bringeth  Message  from  bis  majesty  to  this 
dart :  That  the  King  had  received  a  parch- 
SMat  from  the  house.  Whether  it  were  an 
issalutc  resolution,  or  reason  to  give  him  satis- 
faction, he  knew  not :  He  thought  it  was  rather 
attended  for  his  satisfaction.  His  majesty  pro- 
tested, by  that  love  he  bare  to  the  house  as  his 
Wing  and  loyal  subjects,  and  by  the  faith  he 
did  ever  owe  to  God,  he  had  as  great  a  desire 
to  maintain  their  privileges,  as  ever  any  prince 
had,  or  as  themselves.  He  had  seen  and  con- 
sidered of  the  manner  and  the  matter  ;  he  had 
heard  his  judges  and  council  ;  and  that  he  was 
now  distracted  in  judgment.  Therefore,  for  his 
farther  satisfaction,  he  desired,  and  com- 
saanded,  as  an  absolute  kins,  that  there  might 
be  a  Conference  between  the  House  and  the 
Judges  ;  and  that  for  that  purpose  there  might 
I  a  Select  Committee  of  grave  and  learned 
person*  out  of  die  house:  that  his  Council 
■right  be  present,  not  as  Umpires  to  determine, 
bat  to  repot^indiiaVrently  op  both  sides. 


Upon  this  unexpected  Message  there  grew 
some  amazement  and  silence.  But  at  last 
one  stood  up  and  said  :  The  Prince's  command 
is  like  a  thunder-bolt ;  Ins  command  upon 
our  Allegiance  like  the  roaring  of  a  lion.  To 
his  command  there  is  no  contradiction ;  but 
how,  or  in  what  manner  we  should  now  pro- 
ceed to  perform  obedience,  that  will  be  the 
question. 

Another  answered,  Let  us  Petition  to  his 
majesty,  that  he  will  be  pleased  to  be  present, 
to  hear,  moderate,  and  judge  the  case  himself. 
Whereupon  Mr.  Speaker   proceeded  to  this  • 
question  : 

Quest.  Whether  to  confer  with  the  Judges 
in  the  presence  of  the  king  and  council  ?  Which 
was  resolved  in  the  affirmative.  And  a  select 
Committee  presently  named  for  the  conference ; 
viz.  Lawyers;  Serjeants  Tanfield,  Hob  bard, 
Leigh/  Shirley,  Dodridge,  sir  Tho.  Hesketh, 
sir  Fr.  Bacon,  Mr.  Recorder  of  London,  Mr. 
Yelverton,  Mr.  Crewe,  Mr.  Lawrence  Hide, 
Mr.  Fr.  Moore,  Mr.  Rd.  Martin,  Mr.  Winche, 
Mr.  Dyett,  Mr.  Fuller,  sir  Roger  Wilbraham, 
Mr.  Fr.  Tate,  Mr.  Dr.  James,  sir  Daniel  Dunn, 
sir  John  Bennet.— Gentlemen ;  sir  George 
Carew,  Vice-Chamberlain  to  the  Queen;  sir 
Fr.  Hastings,  sir  Edw.  Hobby,  sir  Robert 
Wroth,  sir  Henrv  Nevill,  sir  John  Savile,  sir 
George  Moore,  Mr.  Nath.  Bacon,  sir  Edw. 
Stafford,  sir  Wm.  Fleetwood,  sir  Tho.  Chal- 
loner,  sir  Roger  Aston,  sir  Robert  Wingfield, 
sir  Edw.  Mountague,  sir  Edwyn  Sandis,  sir 
Robert  Cotton. 

These  Committees  were  selected  and  ap- 
pointed to  confer  with  the  Judges  of  the  Law, 
touching  the  Reasons  of  proceeding  in  sir 
Francis  Goodwin's  Case,  set  down  in  Writing, 
and  delivered  to  his  majesty  in  the  presence  of 
Hie  lords  of  his  majesty's  Council,  according  to 
hishiehness's  pleasure,  signified  by  Mr.  Speaker 
this  day  to  the  house. — It  was  further  Resolved 
and  Ordered  by  the  bouse,  (upon  the  motion  to 
that  end  by  Mr.  Laurence  Hide)  that  the 
aforesaid  Committee  should  insist  upon  the 
fortification,  and  explaining  of  the  Reasons 
and  Answers  delivered  unto  his  majesty  ;  and 
not  proceed  to  any  other  Argument  or  Answer, 
what  occasion  soever  moved  in  the  time  of  that 
debate. 

Die  Mercuriiy  viz.  11  die  Aprilis,  1604.  Upon 

Adjournment. 

Sir  Francis  Bacon  was  expected,  and  called 
to  make  -a  Report  of  the  late  Conference  with 
the  Judges  in  the  presence  of  his  majesty  and 
the  lords  of  the  Council :  but  he  made  excuse, 
saying,  He  was  not  warranted  to  make  any 
Report ;  and  tuntum  permissum  quantum  corn* 
missum  :  nevertheless,  upon  a  Question,  he  was 
over-ruled  to  make  a  Report ;  and  a  motion 
thereupon  made,  That  the  Committees  might 
first  assemble  in  the  Court  of  Wards,  and  con- 
fer among  themselres,  and  then  the  report  to 
be  made. 

Sir  Francis  Bacon,  after  the  meeting  of  the 
Committees  in  the  Court  of  Wards,  reported* 


;  >r.vl!i  TRIALS  Uames  I.  I60k— The  Cast  betvxen  Sir  Francis  Goodwin,  [112 


-.:.:.  ha»i  u-u^fa  :u  Cuoxmnce  in  the  presence 
-,  •    i  ?  ^i^ir^^  ind  hi*  Council  : 

I  :»c  «ii.£  soa-i.  He  would  be  president  him- 
vii.  Vi*>  Art^iidapce  renewed  the  remera- 
;»*\.iic*  Ji  *;ie  last,  when  we  departed  with  sucn 
.uim. i  r4u<»u.  It  was  the  voice  of  God  in  man  : 
.  .c  4^xM  *ptnt  oi  God  in  the  mouth  of  man.  I 
uo  :toc  -my,  toe  voice  of  God,  and  not  of  man. 
'  *n*  not  on?  of  Herod's  flatterers.  A  curse 
ivii  ii|vu  turn  that  said  it  :  a  curse  on  him  that 
Mt.lvrvd  it.  We  might  say  as  was  said  to  Solo- 
mon, We  are  glad,  O  king !  that  we  give 
accouut  to  you,  because  vou  discern  what  is 
>evkeu. — We  let  pass  no  moment  of  time, 
until  wo  had  resolved  and  set  down  an  answer 
m  writing,  which  we  now  had  ready.  Thut 
»u  hence  we  received  a  message  from  his  nia- 
%ie;»iy  by  Mr.  Speaker,  of  two  parts :  1.  The 
one*  paternal.  2.  The  other  royal.  1.  That 
w»  were  as  dear  unto  him  as  the  safety  of  his 

{»er*on,  or  the  preservation  of  bis  posterity.  2. 
t«\val,  that  we  should  confer  with  his  Judges, 
and  tluit  in  the  presence  of  himself  and  his 
council.     *  That   we  did  more  now  to    king 

*  James  than  ever  was  done  since  the  conquest, 

*  in  giving  account  of  our  judgments/  That 
«\c  hud  no  intent,  in  all  our  proceedings,  to 
encounter  his  majesty,  or  to  impeach  his 
honour  or  prerogative. 

This  was  spoken  by  way  of  preamble  by  him 
you  employed. 

How  to  report  his  majesty's  Speech  he 
knew  not ;  the  eloquence  of  a  kiug  was  inimi- 
table. The  King  addressed  himself  to  him  as 
deputed  by  the  house,  and  said,  He  would 
make  three  parts  of  what  he  had  to  say.  The 
cause  of  the  meeting  was  to  draw  to  an  end 
the  difference  in  sir  Francis  Goodwin's  Case. 
If  they  required  his  absence,  he  was  ready ; 
because  he  feared  he  might  be  thought  inter- 
ested, and  so  breed  an  inequality  on  their  part. 
He  said,  That  he  would  not  hold  his  Prero- 
gative or  honour,  or  receive  any  tiling  of  any 
or  all  his  subjects.  This  was  his  magnanimity. 
That  he  would  confirm  and  ratify  all  just  Pri- 
vileges. This  his  bounty  and  amity.  As  a 
king,  royally :  as  kiug  James,  sweetly  and  kindly 
out  of  his  <rnod-nature. — One  point  was,  Whe- 
ther we  were  a  Court  of  Record,  and  had 
power  lu  jud«;c  of  Returns.  As  our  court  had 
power,  so  had  the  Chancery;  and  that  the 
court  that  first  had  passed  their  judgment 
should  not  be  controlled. — Upon  a  surmise, 
and  upon  the  sheriff's  return,  there  grew  a 
difference.  That  there  are  two  powers.  1. 
Permanent :  the  other,  transitory.  That  the 
Chancery  was  a  confidenciary  court  to  the  use 
of  the  parliament  durittg  the  time. — What- 
soever the  Sheriff  inserts  beyond  the  ant  ho- 
rity  of  his  muudatc,  a  nugation.  The  parlia- 
ments o(  England  not  to  he  bound  by  a  she- 
riff's return. — That  our  Privileges  were  not  in 
question.  That  it  was  private  jealousies  with- 
out any  kernel  or  substance.  '  He  granted  it 
was  a  Court  of  Record,  and  a  Judge  of  Re- 
turns/ He  moved,  That  neither  sir  John  For- 
tescue.  nor  sir  Francis  Goodwin  might  have 


place ;  fir  John  losing  place,  his  majesty  did 
meet  us  halt- way.  That  when  there  did  arise 
a  schism  in  tlie  church  between  a  Pope  and  an 
An  tip  ope,  there  could  be  no  end  of  the  differ- 
ence until  they  were  both  put  down. 

Upon  this  Report,  a  motion  was  made, 
Tha,t  it  might  be  done  by  way  of  warrant ;  and 
therein  to  be  inserted,  That  it  was  done  at  the 
request  of  the  king  :  and  was  further  said,  (as 
anciently  it  hath  been  said)  That  we  lose  more 
at  a  Parliament  than  we  gain  at  a  battle.  That 
the  authority  of  the  committee  was  only  to 
fortify  what  was  agreed  on  by  the  house  for 
answer,  and  that  they  had  no  authority  to  con- 
scut. — It  was  further  moved  by  another,  That 
we  should  proceed  to  take  away  our  dissention, 
and  to  preserve  our  Liberties ;  and  said,  that 
in  this  we  had  exceeded  our  commission  ;  and 
that  we  had  drawn  upon  us  a  note  of  incon- 
stancy and  levity.  But  the  acclamation  of  the 
house,  was,  That  it  was  testimony  of  our  duty, 
and  no  levity.  So  as  the  question  was  pre- 
sently made. 

Quest.  Whether  sir  John  Fortescue  and  sir 
Francis  Goodwin  shall  both  be  secluded,  and  a 
warrant  for  a  new  writ  directed  ?  And  upon 
the  question  resolved,  That  a  writ  should  issue 
for  a  new  choice,  and  a  warrant  directed  ac- 
cordingly. 

A  motion  made,  That  thanks  should  be  pre- 
sented by  Mr.  Speaker  to  his  majesty,  for  his 
presence  and  direction  in  this  matter ;  and 
thereupon  ordered,  That  his  majesty's  pleasure 
should  be  known,  by  sir  Roger  Astou  tor  their 
attendance  accordingly. 

Because  it  hath  been  conceived  by  some, 
that  sir  Francis  Goodwin  being  the  member 
specially  interested,  it  were  lit  he  should  give 
testimony  of  his  liking  and  obedience  in  this 
course  :  being  dealt  withal  to  that  end,  he  writ 
his  letter  to  Mr.  Speaker;  which,  before  this 
question  made,  for  better  satisfaction  of  the 
house,  was  read  in  these  words: 

*  Sir ;  I  am  heartily  sorry  to  have*  been  the 
1  least  occasion  either  of  question  between  his 
'  majesty  and  that  honourable  house,  or  of  in- 

*  terruption  to  those  worthy  and  weighty 
1  causes,  which  by  this  time,  in  all  likelihood, 
'  had  been  in  very  good  furtherance:  where- 
'  fore,  understanding  very  credibly,  that  it 
'  pleased  his  majesty,  when  the  committees  hist 
(  attended  him,  to  take  course  with  them  for  a 
'  third  writ  and  election  for  the  knights  hi  pot'  the 
'county  of  Buckingham:  1  am  so  far  from 
'  giving  any  impediment  thereunto,  that  con- 
4  trariuise,  I  humbly  de>ire  his  majesty's  direc- 
*' tion  in  that  In-half  to  be  accomplished  and 
'  performed.  So  praying  you,  according  to 
(  such  opportunity  as  will  he  ministered,  to  «:ive 

*  furthcranci:  thereunto,  1  take  my  leave,  and 
1  rest  yours,  most  a^ured  to  he  commanded, 
'  Fit  a.  Goodwin.   Westminster,  11  Apr.  1604/ 

Die  Jori*9  \'iz.  12  die  Apt  His. 
A  motion  made,  That  Mr.  Speaker,  in  behalf 
of  the  house,  should  pray  access  to  his  majesty, 
and  present  their  humble  Tluuiks  for  his  graci- 
ous presence  and  direction,  upon  the  hearing  of 


1 1  $]  STATE  TRIALS,  2  James  I.  1 605 The  Case  qf  Mixed  Money  in  Ireland.    [11* 

ftr  Francis  Goodwin's  cause;  which  was  as- 
sented unto ;  and  sir  Roger  Aston,  a  servant 
of  his  majesty's  bed-chamber,  and  one  of  the 
members  of  the  house,  was  presently  appointed 
to  know  bis  majesty's  pleasure  ;  which  he  did 
accordingly ;  and  returned,  That  his  majesty 
was  willing  to  give  them  access  in  the  gallery 
at  Whitehall,  at  two  o'clock  in  the  afternoon, 
the  same  day.  Thereupon  a  Committee  was 
tamed  to  attend  Mr.  Speaker  to  the  king, 
«kb  a  general  warrant  to  all  others  that  should 
fee  pleased  to  accompany  them. 

Die  Veneris,  viz.  16  die  Aprilis. 

Mr.  Speaker  retunieth  to  the  house  the  effect 
of  his  Message  of  Thanks,  delivered  the  last 
day  in  the  name  of  the  house  to  his  majesty  ; 
as  also  his  Majesty's  answer,  viz.  "  That  lie  re- 
lated to  this  house  the  humble  and  dutiful  ac- 
ceptation of  what  his  majesty  had  done,  together 
with  the  humble  thanks  of  the  house  for  his 
teulous  and  paternal  delivery  of  his  grace  unto 
w,  bv  his  own  mouth :  what  wonder  thev  con- 
wived  in  his  judgment,  what  joy  in  his  grace, 
what  comfort  they  had  in  his  justice,  what 
approbation  they  made  of  his  prudence,  and 
what  obedience'  they  yielded  to  his  power  and 
pleasure.  That  his  direction  gave  all  men 
satisfaction.  That  they  were  determined  to 
pwsue  the  course  lie  had  prescribed.  That 
Dow  they  were  become  suitors,  he  would  be 
pleased  to  receive  a  representation  of  the  hum- 
ble thanks  and  service  of  the  house." 

His  majesty  answered.  '•  That  upon  this  se- 
cond access,  he  was  forced  to  reiterate  what  he 
Had  said  before.  That  this  question  was  un- 
Imppily  cast  upon  him,  for  he  carried  as  great 
R  respect  to  our  privileges  as  ever  any  prince 
•lid ;  he  was  no  ground  searcher;  he  was  of  the 
mind  that  our  privileges  were  his  strength : 
that  he  thought  the  ground  of  our  proceeding 
*as  oar  not  understanding  that  he  had  inter- 
neddled  before  we  had  decided :  that  he  thought 
iho  we  had  no  wilful  purpose  to  derogate  any 
riane  from  him,  for  our  answer  was  a  grave, 
faihj!,  and  obedient  answer.  But  as  the 
*t*il  had  unhappily  cast  this  question  between 
fag,  so  he  saw  God  had  turned  it  to  two  good 
*Ms  and  purposes.  One,  That  lie  knew,  and 
fed  approved  our  loyalty.  Another;  That 
b1  hid  so  good  an  occasion  to  make  testimony 
"i  his  bounty  and  grace.    That   as  we  came 


to  give  him  thanks,  so  did  he  redouble  his 
thanks  to  us.  That  he  had  rather  be  a  king 
of  his  subjects,  than  to  be  a  king  of  many  king- 
doms." 

The  second  part  of  his  Speech  directed  to 
the  Lords  and  Us,  u  That  this  Parliament  was 
not  like  to  be  long :  that  we  would  treat  of  such 
matters  as  most  concerned  the  Commonwealth; 
and  the  last,  of  any  thing  that  concerned  him- 
self. Three  main  businesses  in  our  hands. 
1.  The  Union.  2.  Sundry  public  and  com- 
monwealth-Bills. .  3.  Matter  of  religion,  and  re- 
formation of  Ecclesiastical  discipline.  For  the 
Union,  that  it  might  be  now  prepared,  and  pro- 
secuted the  next  session.  That  Union  which 
with  the  loss  of  much  blood  could  never  be 
brought  to  pass,  as  now  it  is.  That  the  better 
to  bring  it  to  pass,  we  should  be  in  affections 
united.  That  we  should  first  with  all  care  pro- 
ceed in  such  laws  as  concern  the  general  good. 
That  all  heresies  and  schisms  might  be  rooted 
out,  and  care  taken  to  plant  and  settle  God's 
true  religion  and  discipline  in  the  church. 
That  this  wish  above  all  things  was  at  his  death 
to  leave,  1.  One  Worship  to  God.  One  King- 
dom entirely  governed.  One  Uniformity  m 
Laws.  Lastly,  That  his  occasions  were  infi- 
nite, and  much  beyond  tho«e  of  his  predeces- 
sors ;  and  therefore  that  in  this  first  parliament 
we  would  not  take  from  him  that  which  we  had 
yielded  to  others.  That  in  his  affections  he 
was  no  ways  inferior  to  others,  nor  in  his  de- 
sire to  ease  us." 

The  Warrant  for  a  new  Election  of  a  knight 
for  Bucks,  read -and  allowed  in  this  form  : 

'.Whereas  the  right  honourable  sir  John 
'  Fortescue,  knight,  Chancellor  of  his  majesty's 

*  Dutchy  of  Lancaster,  and  sir  Francis  Good- 
'  win,  knight,  have  been  severally  elected  and 

*  returned  knights  of  the  Shire  for  the  county 

*  of  Bucks,  to  serve  in  this  present  parliament: 
'  upon  deliberate  consultation,  and  for  some 
'  special  causes  moving  the  commons  house  of 
'  parliament,  It  is  this  day  ordered  and  re- 
1  quired  by  the  said  house,  That  a  Writ  be 
<  forthwith  awarded  for  a  new  election  of  ano- 
1  ther  knight  for  the  said  Shire :  And  this  shall 

*  be  your  Warrant/ 

Directed,  '  To  my  very  loving  friend,  sir 
'  George  Coppin  knight,  Clerk  of  the  Crown  iu 
'  his  majesty's  High  Court  of  Chancery.* 


78.    The  Case  of  Mixed  Money  in  Ireland,  Trin.    2  Ja3ies  L 

a.  d.   1605.     [Davies's  Reports.] 

[u  As  tlie  following  Case  relates  to  the  King's 
Prerogative  of  regulating  the  Coinage  *  and 
Value  of  Mooey,  in  uhich  the  whole  State  is 
so  immediately  and  essentially  interested,  it 


•  The  royal  prerogatives  of  regulating  the 
Coinage  and  Value  of  Money,  and  the  history 
•f  the  exercise  of  those  prerogatives  arc  well 
exhibited  in  the  earl  of  Liverpool's  Treatise  on 
ike  Corns  of  this  realm. 

VOL.  II. 


properly  falls  within  the  scope  of  this  Collec- 
tion. It  is  taken  from  tUe  English  edition  of 
sir  John  DavicsS  Kepoi  ts."     llargrave.] 

V UERN"  Elizabeth  in  order  to  pay  the  royal 
army  which  was  maintained  in  this  kingdom  lor 
several  years,  to  suppress  the  lebollion  of 
Tyrone,  caused  a  great  quantity  of  Mixed  Mo- 
ney, with  the  usual  stamp  of  the  arms  of  the 
crown,  and  inscription  of  lier  royal  stile,  to  be 
l 


115] 


STATE  TRIALS,  2  Jambs  I.  1605.— The  Case  qf  Mixed  Money 


[110 


coined  in  the  Tower  'of  London,  and  transmit- 
ted this  money  into  this  kingdom,  with  a  Pro- 
clamation, bearing  date  24  May,  in  the  43d 
year  of  her  reign,  by  which  her  majesty  declar- 
ed and  established  this  Mixed  Money,  immedi- 
ately after  the  said  proclamation,  to  be  the 
lawful  and  current  money  of  this  kingdom  of 
Ireland,  and  expressly  commanded  that  this 
money  should  be  so  used,  accepted  and  reputed 
by  all  her  subjects  and  others,  using  any  traffic 
or  commerce  within  this  kingdom  ;  and  that  if 
any  person  or  persons  should  refuse  to  receive 
this  Mixed  Money  according  to  the  denomina- 
tion or  valuation  thereof,  viz.  shillings  for  shil- 
lings, sixpenny  pieces  for  sixpenny  pieces,  &c. 
being  tendered  tor  payment  of  any  wages,  fees, 
stipends,  debts,  &c.  they  should  be  punished  as 
contemners  of  her  royal  prerogative  and  com- 
mandment.    And  to  the  intent  that  this  Mixed 
Money  should  have  the  better  course  and  circu- 
lation, it  was  further  declared  by  the  same  pro- 
clamation, that  after  the  10th  day  of  June  im- 
mediately following,  all  other  money  whirh  had 
been  current  within  this  kingdom,  before  t  he  said 
proclamation,  should  be  cried  down  and  annul- 
led and  esteemed  as  bullion,  and  not  as  lawful 
And  current  money  of  this  kingdom. 

In  AprH,  before  this  Proclamation  was  pub- 
lished, when  the  pure  coin  of  England  was  cur- 
rent within  this  kingdom,  one  Brett  of  Droghe- 
da,  merchant,  having  bought  certain  wares  of 
one  Gilbert  in  London,  became  bound  to  the 
said  Gilbert  in  an  obligation  of  200/.  on  condi- 
tion that  he  should  pay  to  the  said  Gilbert,  his 
executors  or  assigns,  100/.  sterling,  current  and 
lawful  money  of  England,  at  the  tomb  of  earl 
Strongbow  iu  Christ-church,  Dublin,  at  a  cer- 
tain day  to  come ;  at  which  day  and  place, 
Brett  made  a  tender  of  the  100/.  in  the  Mixed 
Money  of  the  new  standard,  in  performance  of 
the  condition  of  the  obligation ;  and  whether 
this  tender  was  sufficient  to  save  the  forfeiture 
of  the  obligation,  or  whether  the  said  Brett 
should  now,  upon  the  change  or  alteration  of 
money  within  this  kingdom,  be  compelled  to 
pay  the  said  100/.  in  other  or  better  coin  than 
in  the  Mixed  Money,  according  to  the  rate  and 
valuation  of  it,  at  the  time  of  the  tender,  was 
the  question  at  the  council  table,  where  the  said 
Gilbert,  who  was  a  merchant  of  London,  exhi- 
bited his  Petition  against  the  said  Brctr,  for 
the  speedy  recovery  of  his  debt  aforesaid. 

And,  inasmuch  as  this  case  related  to  the 
kingdom  in  gent  ral,  and  was  also  of  great  im- 
portance in  consideration  and  reason  of  state, 
sir  George  Carew,  then  Lord  Deputy  and  also 
Treasurer,  required  the  Chief  Judges,  (being  of 
the  privy  council)  to  confer  on  and  consider  this 
Case,  and  to  return  to  him  their  Resolution 
touching  it ;  who  upon  conference  and  consi- 
deration on  all  the  points  of  the  said  Proclama- 
tion, resolved,  That  the  tender  of  the  100/.  iu 
the  Mixed  Money,  at  the  day  and  place  afore- 
said, was  good  and  sufficient  in  the  law,  to  save 
the  forfeiture  of  tlie  said  obligation,  and  that 
Brett  should  not  be  obliged  at  any  time  after, 
to  pay  other  money  in  discharge  of  the  debt, 


than  this  Mixed  Money,  according  to  the  rate 
and  valuation  that  it  had,  at  the  time  of  the 
tender;  and  this  Resolution  was  certified  by 
them  to  the  Lord-Deputy,  and  the  certificate 
entered  in  the  Council-Book.  And  in  this 
case  divers  Points  were  considered  and  resolved* 
First,  it  was  considered,  that  in  every  com- 
monwealth, it  is  necessary  to  have  a  certain 
standard  of  money.  [Cotton  4.]  For  no  Cora* 
mon wealth  can  subsist  without  contracts,  and 
no  contracts  without  equality,  and  no  equality 
in  contracts  without  money.  For  although 
in  the  first  societies  of  the  world,  permutation 
of  one  thing  for  another  was  used,  yet  that 
was  soon  found  cumbersome,  aud  the  transpor- 
tation and  division  of  things  was  found  difficult 
and  impossible ;  and  therefore  money  was  in- 
vented, as  well  for  the  facility  of  commerce,  as 
to  reduce  contracts  to  an  equality.  '  Cum  non 
'  facile  concurrehat,  ut  cum  tu  habercs  quod 
'  ego  desiderarem,  ego  invicem  haberem  quod  tu 

*  accipere  velles,  electa  materia  est,  cuius  pub- 

*  lica  et  perpetua  inestiatio  difficultatibus  per* 
1  mutationem  subveniret.'  Paul.  lib.  1.  ff.de  con* 
'  trahendis  empt.'  and  therefore  money  is  said 
by  Bodin  to  be  mensura  publico ;  and  Budclius 
lib.  1.  De  re  nammaria,  ca.  3.  saith  '  moneta 

*  est  justum  medium  et  mensura  rerum  com- 
'  mutabilium,  nam  per  medium  monetae  fit  om- 
'  nium  rerum,  quae  in  mundo  sunt,  conveniens  et 
'justa  aestimatio.'  And  to  this  purpose  Keble 
saith,  12  H.  7.  23.  b.  that  every  thing  ought  to 
be  valued  per  argent ;  by  which  word  argent, 
he  meanetd  money  coined.  And  the  great  utility 
of  a  certain  standard  of  money  and  of  measures 
is  well  expressed  by  Budelius  in  .this  verse, 

Una  fides,  pondus,  mensura,  moneta  sit  una, 
Et  status  illsesus  tot i us  orbis  erit. 

Secondly,  it  was  resolved,  That  it  appertain- 
eth  only  to  the  king  of  England,  to  make  or  coin 
Money  within  his  dominions;  [2 Ro.  ab.  166.  1 
Co.  146.  5  Co.  114.  1H.1I.  P.C.188.]  so  that 
no  other  person  can  do  it  without  special  license 
or  commandment  of  the  king ;  and  if  any  per- 
son presume  to  do  it  of  his  own  head,  it  is  trea- 
son against  the  person  of  the  king  by  the  com- 
mon law  ;  and  this  appears  by  the  stat.  of  95 
Edw.  3,  c.  2,  (which  is  only  a  declaration  of 
the  common  law,)  and  by  Glanvil,  Britton  and 
Bracton,  before  that  statute,  Stamford  fol.  9 
and  3.  And  in  the  case  <»f  Mines,  Plowd.  316, 
a.  this  point  is  expressed  more  clearly,  where  it 
is  said,  That  the  king  shall  have  mines  of  gold 
and  silver ;  for  if  a  subject  had  them,  he  by 
law  could  not  coin  such  metals,  nor  stamp  a 
print  or  value  upon  them,  for  it  appertained!  to 
the  king  only  to  put  a  value  upon  coin,  and 
make  the  price  of  the  quantity,  and  to  put  a 
print  to  it ;  which  being  done  the  coin  is  cur- 
rent ;  and  if  a  subject  doth  this  it  is  high  trea- 
son at  common  law,  as  appears,  23  Ass.  p.  9. 
and  it  is  hieh  treason  to  tho  king,  because  be 
hath  the  sole  power  of  making  Money,  6rc. 

And  in  this  book  three  things  are  expressed, 
which  are  requisite  to  the  making  of  lawful 
money,  viz.  The  authority  of  the  Prince,  the 
Stamp,  and  the  Value.    But  upon  the  cons** 


STATE  TRIALS,  2  James  I.  1603.— in  Ireland. 


117] 

deration  of  the  case  in  question,  it  was  observ- 
ed, that  six  things  or  circumstances  ought  to 
concur,  to  make  lawful  and  current  money,  viz. 
1.  Weight.  3.  Fineness.  3.  Impression.  4. 
Denomination.  6.  Authority  of  the  Prince. 
6.  Proclamation.  [See  1  H.  H.  P.  C.  196, 
that  Proclamation  is  not  always  necessary  ] 
Far  every  piece  of  money  ought  to  have  a  cer- 
tain proportion  of  weight  or  poise,  and  a  cer- 
tain proportion  of  purity  or  fineness,  which  is 
piled  alloy.  Also  every  piece  ought  to  have 
s  certain  form  of  impression,  which  may  be 
tamable  and  distinguishable ;  for  as  wax  is 
aot  a  teal  without  a  stamp,  so  metal  is  not 
without  an  impression :  '  Et  rooneta 
r  a  mooendo,  quia  impressione  nos  mo- 
,  cujus  sit  moneta.  Cujus  imago  est 
?  Cse»aris :  Date  Caesari  quae  sunt  Cse- 
Also  every  piece  of  money  ought  to 
•are  a  denomination  or  valuation  for  how 
such  it  shall  be  accepted  or  paid,  ns  for  a 
penny,  a  groat  or  a  shilling.  And  all  this 
ooght  to  be  by  authority  and  commandment  of 
the  prince,  for  otherwise  the  money  is  not  law- 
ns' ;  and  it  ought  to  be  published  by  the  pro- 
clamation of  the  prince,  for  before  that,  the 
■oney  is  not  current, — These  circumstances 
appear  in  the  antient  ordinances  made  by  the 
bag  for  the  coinage  of  money,  as  well  in  this 
kingdom  as  in  England,  which  are  to  be  found 
■  the  Tower  of  London  there,  and  in  the  Cas- 
tle of  Dublin  here.  Also  the  indentures  be- 
tween the  king  and  the  masters  of  the  mint 
prescribe  the  proportion  of  weight,  fineness, 
sad  alloy,  the  impression  or  inscription,  the 
same  and  the  value-  "  See  the  suit.  2  Hen.  6, 
a  If,  where  mention  is  made  of  these  inden- 
tures; see  also  Wade's  case,  5  Co.  1 14.  b.  that 
ike  king  by  his  proclamation  may  make  any 
turn  lawful  money  of  England  ;  d  fortiori,  he 
nay,  by  his  proclamation  only,  establish  the 
•caodard  of  money  coined  by  his  authority 
within  his  own  dominion*. 

And  that  the  king  by  his  Prerogative  may 
ska  pat  a  price  or  valuation  on  all  coins,  up- 
start by  »  remarkable  case,  21  Kdw.  3,  60,  b. 
tstke  tune  of  Will,  the  Conqueror,  the  abbot 
•f  St.  Edniundsbury  complained  to  the  king  in 
parliament,  that  whereas  he  was    exempted 
msi  the  jurisdiction  of  the  ordinary  by  divers 
satin*  charters,  the  bishop  of  Norwich  had 
lisited  his  house,  contrary  to  those  charters  of 
exemption  ;  upon  which  it  was  granted  and  or- 
aaioed  in  parliament,  that  if  from  thencefor- 
ward the  bishop  of  Norwich  or  any  of  his  suc- 
cessors should  go  against  the  aforesaid  exemp- 
tion, they  should  pay  to  the  king  or  his  heirs 
tasty  talents  or  besaunts.    Afterwards  in  the 
time  of  Edw.  3,  the  bishop  of  Norwich  visited 
the  house  again,  against  tlie  ordinance  afore- 
said; and  this  contempt  being  found  in  the 
RiQgVbeoch,  a  srire  facias  issued  against  the 
kisaop  to  shew  why  he  should  not  pay  to  the 
kief  the  thirty  talents  or  besaunts ;    and  upon 
an  insumcieot  plea  pleaded  by  the  bishop,  the 
court  awarded  that  they  should  recover  tlie  ta- 
Isats  or  besaunts,  and  that  it  should  be  ioter- 


[J1S 

preted  hy  the  king  himself  of  what  value  they 
should  be,  more  or  less ;  ,  hy  which  it  is  manl- 
iest that  where  talents  or  besaunts,  or  such 
other  pieces  or  quantities  of  gold  or  silver  are 
of  uncertain  value,  fur  Budelius  saith  that  '  ta- 

*  letita  sunt  varia,  et  pondera  sunt,  potius 
'  quam  numismata',  the  king  hath  a  power  to 
put  a  certain  value  upon  them,  according  to 
the  rule  well  known  to  the  civilians,  *  monetae 
'  aestimationem   dat,  qui  cudendi  potestatem 

*  habet.'  And  in  this  point  the  common,  law 
of  England  agrees  well  with  the  rules  of  the  civil 
law,  « jus  cudendae  monetae  ad  solum  princi- 
1  pern,  hoc  estyiinperatorem,  de  jure  pertinet. 
'  Monetandi  jus  priucipum  osstbus  inhaeret, 
'  Jus  monetae  comprehenditur  in  regalibus, 
'  quae  nunquatn  a  regio  sceptro  abdicantur.'— 
Yet  by  antient  charters,  this  privilege  or  prero- 
gative hath  been  communicated  to  some  sub- 
jects in  England ;  as,  to  the  archbishop  of 
Canterbury  by  charter  of  king  Athdstan, 
Lamb,  peramb.  Kant.  fol.  291.  The  archbi- 
shop of  York  and  bishop  of  Durham  had  mines 
and  power  of  coining  money,  as  appears  by 
the  statute  of  14  Hen.  8,  c.  12. ;  and  the  dean 
of  St.  Martin's-le-grand  had  the  same  privilege, 
as  is  manifest  from  the  stat.  of  19  Edw.  4,  c.  1. 
And  this  right  of  coining  money  hath  been 
granted  to  several  great  personages  in  France 
heretofore,  as  Choppinus  relates,  lib.  de  Doma- 
nio  Franc,  fol.  217,  u.  And  this  prentgative 
at  this  day  is  imparted  too  generally  to  all  the 
inferior  princes  and  states  of  Germany  by 
grant  or  permission  of  the  emperor  ;  for  it  is  a 
law  of  the  empire,.  *  Jus  cudenda:  monetae,  nisi 
(  cui  ah  imperatore  concessum  fuerit,  nemo 
'  usurpato.' 

Thirdly  it  was  resolved  that  as  the  king  by 
his  prerogative  [J  H.  II.  P.  C.  192]  may 
make  money  of  what  matter  and  form  he 
please th,  and  establish  the  standard  of  it,  so 
may  he  change  his  money  in  substance  and  im- 
pression, and  enhance  or  debase  the  value  of 
it,  or  entirely  decry  and  annul  it,  so  that  it  shall 
be  but  bullion  at  his  pleasure.  And  note,  that 
bullion,  which  in  Latin  is  culled  billio,  'est 
«  moneta  defensa  et   proliibita,  qua  videlicet 

*  usu  caret/  And  that  the  king  hutli  used  this 
Prerogative  in  England,  appears,  by  several 
notorious  changes  of  money,  made  in  the  time 
of  several  kings  since  the  Norman  conquest. 
26  Hen.  2,  '  Monetu  veteri  reprobata,  nova 

*  successit.'     Matt.  Paris  Hist.  mag.  fol.  35.  a. 

— Anno  7  Joh.   a  tiew  money  whs  coined,  at 

which  time  the  first  sterling  money  was  coined, 

according  to  the  opinion  of  Camhden,  where  he 

speaketh'of  Sterling-Castle  in  Scotland,  fol.  700 

h. — 32  Hen.  3,  the  king  was  obliged   to  make 

new  money,  '  cum  moneta  Angiia1  circumcide- 

4  batur  a  circumcisis  Jurheis,'  as  Matt.  Pari* 

saith,  fol.  703.   a.— 7  Ed.  1,  the  standard  of 

money  was  renewed,  when  the  sterling  penny 

was  established  to  contain  '  viccsimam  partem 

4  unciaV  as  appears  by  the  old  Manna  Charta, 

in  the  ordinance  called  Compositio  MeHturarwn, 

where    it  is  ordained,    *  quod   viginti  denarii 

4  fuciant  unciam.'— Aauo  29  Ed.  1.  when  the 


119] 


STATE  TRIALS.  2  James  I.  1<K)5.— The  Case  of  Mixed  Money 


[120 


money  called  Pollards  was  cried  down,  a  new 
sterling  money  was  also  coined ;  see  6  Ed.  6. 
Dyer  82.  b.  et  lib.  rubr.  Scacc.  Dobl.  part  2. 
fol.  l^b.  After  this  new  monies  were  made, 
9  Ed.  3,  and  13  Hen.  4,  and  5  Ed.  4,  and  19 
Hen.  7,  and  36  Hen.  8 ;  and  lastly  2  Eli*., 
when  all  mixed  and  base  money  was  cried 
down,  and  the  standard  of  pure  silver  establish- 
ed, which  continues  to  this  day,  of  which  Bod  in 
maketh  honourable  mention,  Libro  6  de  Re- 
publica,  cap.  3. 

And  it  seems  these  changes  of  money  in 
England  were  made  by  the  authority  of  the 
king  without  Parliament :  although  several  acts 
of  parliament  have  been  made  for  the  ordering 
of  exchange,  and  to  prohibit  the  exportation  of 
money  made  and  ordained  by  the  king,  and  the 
importation  and  utterance  of  foreign  and  false 
money,  under  certain  pains  and  penalties,  of 
which  some  were  capital  and  some  pecuniary. 
And  several  ordinances  of  the  king  made  with- 
out the  parliament  are  called  statutes;  as 
Statutumde  Moiietsi  magnum,  et  Statutum  de 
IUoneta  pun  u m :  winch  are  called  statutes, 
because  the  ordinance  of  the  king  with  pro- 
clamation in  such  case  hath  the  force  of  an  act 
of  parliament. 

And  as  the  king  hath  used  to  change  the 
standard  of  his  money,  to  wit,  the  form  and 
the  substance,  so  hath  be  used  by  his  preroga- 
tive to  enhance  or  debase  the  value  of  it,  not- 
withstanding that  the  form  and  substance  con- 
tinue! h  as  it  was  before,  [l  H.  II.  P.  C.  192.] 
And  thi>  was  done,  5  Ed.  4,  as  appears  by  the 
book,  of  9  Ed.  4.  49,  "here  Danby  saith,  that 
a  Noble  was  better  then,  than  it  was  anno  20 
of  that  king,  by  20 d.  in  each  Noble.  And 
king  Hen.  8,  by  special  commission  dated  24 
July,  anno  18  of  bis  reign,  authorised  cardinal 
Wolsey,  with  the  advice  of  other  of  the  privy 
council,  to  put  a  value  on  all  the  moneys  of 
England,  from  time  to  time,  accordiug  to  the 
rates  and  values  of  the  monies  of  foreigu 
nations,  which  were  then  too  much  enhanced, 
especially  by  the  emperor  and  the  king  of 
France,  as  is  expressed  in  the  said  commission. 
See  also  6  and  7  Ed.  6.  Dyer  82  and  83.  several 
cases  on  the  debasement  of  money. — And  it  ib 
to  be  Observed,  that  between  the  36  of  Hen.  8, 
when  several  sorts  of  debased  money  were 
coined  in  England,  and  2  Eliz.,  when  the  pure 
standard  of  silver  money  was  established,  there 
were  three  notorious  falls  or  cry-downs,  of  base 
monies,  published  by  proclamation :  the  first, 
9  July,  5  Ed.  6. ;  the  second,  17  August,  the 
same  year,  as  is  mentioned,  Dyer  83,  a. ;  the 
third,  28  Sep.  2  Eliz. 

And  as  the  king  hath  always  used  to  make 
and  change  the  money  of  England,  he  hath 
aiso  used  the  same  prerogative  in  Ireland  ever 
since  the  )2th  year  of  king  John,  when  the 
fir?t  standard  of  English  money  was  established 
in  thi*  kingdom,  as  is  recorded  by  Matt.  Paris, 
Magn.  Hi*t.  220.  b.  where  it  is  said,  that  this 
king  being  in  Ireland,  *  constituit  ibidem  leics 
*  et  GOiibuetudinet  Auglicanas,  ponens  ibidem 
'  vicecomites,  ahosque  minUtros,  qui  popuUitn 


'  regni  illius  juxra  leges  Anglicanas  judicarent.. 
'  Prsfecit  autem  ibidem  Johannem  de  Gray 
'  episcopum  Norwicensein,  justiciarium,  qui 
'  denanum  terr&e  illius  ad  pondus  numismatit 
'  Anglis  fecerat  publicari,  et  tarn  obolum  quam 
'  quadrantem  rotund  urn  fieri  precepit :  jussit 
'  quoque  rex,  vt  illius  monetae  usus  tarn  in  An- 
'  glia  quam  in  Hibernia  communis  ab  omnibus 
'  haberetur,  et  utriusque  regni  denarius  in  the- 
'  saurissuUindifterenter  poneretur.' — By  which 
it  appeareth  that  the  standard  of  money  ia. 
England  and  in  Ireland  was  equal  at  first,  and 
that  the  English  money  was  not  a  fourth  part 
better  in  value  than  the  Irish,  as  it  hath  been 
since  the  time  of  Ed.  4.,  for  before  that,  as 
there  was  one  and  the  same  standard  of  money 
in  both  kingdoms,  so  always  when  the  money 
was  changed  in  England,  it  was  also  changed 
in  Ireland.  As  in  the  year  1279,  viz.  7  Ed.  1. 
when  that  king  established  new  money  in  Eng- 
land, as  js  shewn  before,  there  was  likewise  a 
change  of  money  in  Ireland,  as  is  observed  in 
the  annals  of  this  kingdom,  published  by  Cwnb- 
den  in  his  Britannia,  where  it  is  said,  that  in 
the  year  1279,  '  Doininus  Kobertus  de  Urford 
'  justiciarius  Hibernia  intravit  Angliam,  ct  con- 
'  stituit  loco  fratrem  Hobertum  de  Fulboroe 

I  episcopum  Waterford,  cujus  tempore  mutata 
'  est  moneta.'  So  29  Ed.  1.  when  by  special 
ordinance  of  the  king  the  Pollards  and  Crockards 
were  decried  and  annulled,  the  same  ordinance 
was  transmitted  into  this  kingdom  and  enrolled 
in  the  Exchequer  here,  as  is  found  in  Lib.  Rubr. 
Scacc.  part  2,  fol.  2.  b.  Also'  in  the  annals 
aforesaid  it  is  observed  in  the  same  year, 
'  numisma  pollardarum  probibetur  in  An  glut  et 
'  Hibernia.  And  as  the  standard  of  the  mow 
nies  was  equal,  so  the  mints  and  coinage  in 
this  kingdom  were  ordered  and  governed  in  the 
same  manner  as  in  England,  as  appears  by  the 
accouut  of  Donat  and  Andrew  de  Sperdshols, 
assay  masters  in  Dublin,  9  and  10  Ed.  1.  in 
Archivis  Cnstri  Dublin,  and  in  Libr.  Rubr. 
Scacc.  hie  part  2.  fol.  1.  and  in  Hot.  Pari,  in 
Castri  Dublin,  12  Ed.  4.  c.  60.  See  also 
several  ordinances  there  touching  the  mint  and 
monies,  7  Ed.  4.  c.  9.  10  Ed.  4.  c.  4.  16  Ed* 
4.  c.  2.  19  Ed.  4.  c.  1.   1  U.  3.  c.  7. 

But  the  first  difference  and  inequality  be- 
tween the  standard  of  English  and  Irish  monies, 
is  found  in  5  Ed.  4.  for  then  it  was  declared  in 
parliament  here,  that  the  Noble  made  in  the 
time  of  Ed.  3,  Rich.  2,  Hen.  4,  Hen.  5,  and 
linn.  6,  should  be  from  that  time  forth  current 
in  this  kingdom  for  10s.  and  so  of  the  demy- 
noble,  and  all  other  coins  according  to  the 
same  rate.     See  Rot.  Pari.  5  Ed.  4.  c.  40.  and 

II  Ed.  4.  c.  6.  and  15  Ed.  4.  c.  5.  in  the 
Roll's-otiice  in  the  Castle  of  Dublin.  After 
which  time  the  money  made  in  Ireland  or  for 
Ireland  was  always  less  in  value  than  the 
money  of  England,  and  the  usual  proportion  of 
the  diifere ncc  wa»  the  fourth  part  only,  viz.  the 
Irish  shilling  was  only  9</.  Enclish.  See  the 
proclamation  aforesaid,  dated  the  44  of  May, 
43  Eliz.  enrolled  in  the  Chancery  here,  where 
the  queen  makes  mention  of  this  difference 


121] 


STATE  TRIALS,  2  Jambs  I.  1605.— in  Inland. 


[122 


Bade  by  her  progenitors  between  the  standard 
of  money  made  for  this  kingdom,  and  the 
money  of  England.  And  note,  that  that  which 
it  called  the  standard  of  money  in  this  case, 
is  the  same  which  is  called  by  the  French  pied 
it  moncy7  by  Bodin  pe$  monetarum ;  as  if  the 
prince  there  pedemjigat,  having  established  the 
weight  and  purity  of  money  in  a  certain  pro- 
portion, which  should  not  be  transgressed  by 
tk  mooeyers. 

And   so  it  is  manifest,  that  the  kings  of 
iagnuid  have  always  had  and  exercised  this 
prerogative  of  coining  and  changing  the  form, 
ad  when  they  found  it  expedient  of  enhancing 
aad  abasing  the  value  of  money  within  their 
dominions  :  and  this  prerogative  is  allowed  and 
approved  not  only  by  the  common  law,  but 
ako  by  the  rules  of  the  imperial  law.     Bude- 
lias  de  re  nomroaria,  libr.  1.  c.  5.     '  Princeps 
'  ad  arbitrium  suum,  irrequisito  assensu  subdi- 
i  torum,  valorem  monetae  constituere  potest ; 
*  quia  populus,  quantum  ad  hoc,  omnem  potes- 
'  totem  et  jurisdictionem  in  principem  seu  im- 
4  perotorem  transtulisse  dicitur.'    And  a  little 
titer  in  the  same  chapter,  although  some  doc- 
tors are  of  opinion,  *  principem  sine  assensu 
4  popuh  inonetam  mutare  non  posse,'  yet  be 
coockides,    '  si  princeps  consuevisset  mutare 
1  monetam  auctoritate  propria,  sine  consensu 
1  popuii,  *  tempore  cujus  mitii  memoria  nen 
'existit,  tunc  libere  imposterum  eura  hoc  fa- 
'cere  pane.  L.  hoc  jure  Paragr.  ductus  aqua*. 
1  ff.  de  aqoia  quotid.  &c.'     And  Covarruvias, 
fibre  de  collatiooe  vet  em m  numismatum,  cap. 
D*  awttrione  monetae,  saith,  '  princeps  potest 
'autare  monetam  ratione  publics  utihtatis,' 
ul  *  tempore  belli,  vel  si  alias  utile  populo  sit 
'fanruni,  ita  etiam,  ut  ex  corio  fieri  possit.' 
lad  it  is  observed  by  Molineus,  libro  de  lnu- 
taioee  moneta,  cap.   100/  that  the  state  of 
Boom  in  the  first  Punick  war,  when  Hannibal 
ktd  posse  jo  ion  of  a  great  part  of  Italy,  and  all 
tfeeir  treasure  was  exhausted,  enhanced   base 
aomey  to  a  great  value,  for  the  payment  of 
&eir  armies  ;  and  yet  the  justice  of  that  state 
*utaen  famous  throughout  the  world.     But 
1  Mi  est  magis  justum,  quam  quod  necessa- 
<r*ai'  by  which  it  appears,  that  the  mixed 
ateey  «as  made  by  queen  Eliz.  on  a  just  and 
■noenble  cause. 

Fourthly,  it  was  resolved,  that  the  said 
aised  money  having  the  impression  and  in- 
scription of  the  queen  of  England,  and  being 
proclaimed  for  lawful  and  current  money  within 
nil  kingdom  of  Ireland,  oujjit  to  be  taken 
tad  accepted  for  sterling  money  ;  and  on  con- 
■deration  of  this  point,  the  name  and  the  nature 
of  Sterling  Money  were  enquired  and  disco- 
vered. As  to  the  name  of  Sterling  home  doc- 
tat  of  the  civil  law,  being  deceived  by  the 
erroneous  report  of  Polydore  Virgil,  have  con- 
tored,  that  this  English  money  was  called 
Whng,  because  the  iorm  of  a  store,  the  dimi- 
Muve  of  which  is  sterling,  was  imprinted  or 
tamped  upon  it,  and  therefore  Covarruvias, 
U».  de  coUatkme  veterum  numismatum,  c.  2. 
'rterlsng'  (taith  he)  '  est  argenteus  nummus 


I 


1  Anglicus  ex  vicesima  sexta  parte  unciss,  nam 
'  viginti  sex  nummi  argentei  sterling  pendebant 

<  unciam,  auto  re  Polydore  Virgil  10,  in  Hist. 
'  Anglica,  lib.  16.  Dictus  autem  est  hie  ntun~ 

*  mus,  ut  idem   author  tradit,  sterling,   quoa 

<  sturnus  avis,  Anglice  a  sterling,  in  altera 
'  parte  nummi  esset  impressa.'  To  the  same 
purpose  Choppinus  de  Domanio  Franc,  lib. 
2.  tit.  7.  hath  this  note,  caterum  Enrico  3.. 
1  Britannia  rege,  primum  percussa  est  nunc 
'  usitatissima  sterhngorum  moneta,  ab  effigie 
c  sturni  sic  dicta,  anno  1249.';  These  doctors 
being  strangers,  were,  it  seems,  misinformed  by 
Polydore  Virgil,  who  was  also  an  alien  and  a 
stranger.  Cut  our  Linwood  also  (who  made 
his  Gloss  on  the  provincial  constitutions  of  Eng- 
land,  in  the  time  of  lien.  6.)  tit.  de  testam. 
C.  Item,  quia,  verbo,  Centum  solidos,  saith, 
'  sterling  nomen  erat  argentes  moneta;,  et  ha- 
'  bebat  similitudinein  denarii  usual  is,  kioc  salvo, 
'  quod  in  uoa  quarta  habebat  eftigiemavis,  qua; 
1  vocatur  sturnus,  Anglice,  sterling/ 

Others  have  been  of  opinion,  that  tins  Eng- 
lish money  had  the  name  of  Sterling,  because 
the  first  money  of  this  standard  was  coined  in 
the  Castle  of  Sterling  in  Scotland  by  king  Ed. 
1.  But  this  is  also  an  erroneous  opinion,  as  is 
noted  by  Cambden  in  Scotia,  pag.  700.  where 
speaking  of  Sterling-Castle,  he  saith,  that  *  qui- 

*  dam  monetam  probam  Angliae  quae  sterling 
'  money  dicitur,  bine  denominatatn  volunt, 
'  frustra  sunt ;  a  Germ  an  is  enim,  quos  An- 
'  gli   Esterlingos  ab   orientali    situ    vocanint, 

*  facta  est  appellatio ;  quos  Johannes  rex,  ad 
i  argentum  in  suam  puritatem  redigendum, 
1  primus  evocavit;  et  ejusmodi  nuinmi,  Ester- 

*  lingi,  iu  antiquis  scrip  tuns  semper  reperi- 
'  untur.' 

And  this  latter  opinion,  without  doubt,  is  the 
better  and  more  probable,  by  the  judgment  of 
all  the  most  learned  antiquarians  of  England. 
For  in  all  the  antient  statutes  which  make 
mention  of  this  money,  it  is  called  ester  ling.. 
As  9  Ed.  3.  c.  2.  &c.  '  no  false  money  coun- 
terfeit esterling  shall  be  imported  into  our 
realm  ;'  and  the  same  year  c.  3. '  no  esterling 
halfpenny  or  farthing  shall  be  molten  to  make 
vessel/  &c.  and  25  Ed.  3.  c.  13.  '  the  money  of 
gold  and  silver,  which  is  now  current,  shall  not 
be  impaired  in  weight  or  allay,  but  shall  be  put 
in  the  antiont  state  as  in  the  esterling.9  And 
Matt.  Pans,  Magn.  Hist.  fol.  403.  where  he 
expresses  the  form  of  the  obligation  made  by 
the  clergy  of  England  to  the  pope's  bankers 
resident  in  London,  makes  mention  of  this 
money   by  the   name  of  esterling  ;  '  Noveritis 

*  nos  rccipisse  ab  (A.  and  B.  &c.)  centum  unci- 
(  as  bonorum  ct  legalium  esterlingorum,  tresde- 
'  cim  solidis  et  nuatuor  sterlingis  pro  qualibet 
'  unciu  compututis.'  And  the  same  author,  fol. 
710,  saith,  *  eodem  tempore  moneta  Ester- 
'  lingorum,  propter  sui  materiam  desiderabilem, 
'  dete>tabili  circiuncisione  cxpit  deteriorari  et 
'  corruinpi.*  And  fol.  575.  '  Comitissa  de 
4  Biarde  venit  ad  rcgein  cum  60  militibus, 
1  durta  cupidine  Esterlingorum,  quibus  noverat 
'  regein  Angliae  abundare,   et  accepit  a  rege 


123]  STATE  TRIALS,  2  Jambs  I.  1  GOo.—The  Cast  qf  Mixed  Money  [J  24 


*  qaalibet  die  pro  stipendio  tresdecim  libras 

*  Esterlingorum,  &c.'  And  Hovedeo  in  Rich. 
1.  fol.  377.  b.  makes  mention  of  this  money  in 
these  words,  '  videus  igitur  Galfridus  Ebora- 

*  censis  electus,  quod  nisi  mediante  petunia 
'  amorem  regis  fratris  nullatenus  habere  possir, 

*  promisit  ei  (ria  initlia  libraram  Sterlingorum 
4  pro  amore  ejus  habendo ;'  and  this  was 
before  the  time  of  king  John  ;  from  whence 
it  seems,  that  the  time  when  this  money  was 
first  coined  is  uncertain  ;  for  some  say  that  it 
was  made  by  Osbright  a  king  of  the  Saxon  race 
160  years  before  the  Norman  Conquest.  And 
so  as  Nummus  is  called  from  Numa,  who  was 
the  first  king  who  made  money  in  Rome,  so 
Sterling  is  called  from  the  Esterlings  who  first 
made  the  money  of  this  standard  in  England, 
by  a  metonymia,  substituting  the  name  of  the 
inventor  for  the  thing  invented,  as  Ceres  pro 

frumento,  Bacchus  pro  vino9  &c. 

And  it  is  to  be  observed,  that  the  Esterlings 
were  the  first  founders  of  the  four  principal 
cities  of  Ireland,  viz.  Dublin,  Watcrford,  Cork 
and  Limerick,  and  of  the  other  maritime  towns 
in  this  kingdom,  and  were  the  sole  maintainers 
of  traffic  and  commerce,  which  was  utterly 
neglected  by  the  Irish.  These  cities  and  towns 
were  under  the  protection  of  king  Edgar  and 
Edward  the  Confessor  before  the  Norman  Con- 
quest: and  tliese  Esterlings  in  the  antient 
records  of  this  kingdom  are  called  Ostmanni. 
And  therefore,  when  Hen.  2.  upon  the  first 
conquest,  thought  it  better  to  people  these 
cities  and  towns  with  English  colonies  taken 
from  Bristol,  Chester,  &c.  he  assigned  to  these 
Ostmen  certain  proportion  of  land  next  adjoin- 
ing to  each  of  these  cities,  which  portion  is 
culled  in  the  records  of  antient  times,  Cuntreda 
Ostmannorurn.  And  all  this  was  observed  on 
the  name  of  Sterling. 

For  the  nature  or  substance  of  this  money, 
first  it  was  observed,  that  the  coin  which  was 
properly  called  the  Sterling  was  the  denier  or  sil- 
ver penny,  as  appears  in  the  ordinance  called 
compo&itio mensurarum  made  in  the  time  of  E.  1. 
where  it  is  said,  *  denarius  Anghre,  qui  nomi- 
(  natur  sterlingus  rotundus,  sine  tonsura,  pon- 
'  derabit  triginta  et  duo  grappa  in  medio  spicae,' 
&c.  and  every  other  coin  or  piece  of  silver 
was  measured  by  the  sterling  penny,  as  the 
groat  contained  the  value  of  four  sterlings, 
and  the  half  groat  the  value  of  two  sterlings, 
25  Edw.  3.  c.  6.  and  the  shilling  consisted  of 
twelve  sterlings,  Lin  wood  de  Testament  is,  C. 
item  quia,  verb.  Centum  solidos ;  and  the  Mark 
consisted  of  13s.  and  four  sterlings,  as  before 
is  shewn  from  Matt.  Paris;  and  the  maile 
(half-penny)  was  the  half  of  a  sterling ;  and  the 
farthing  the  fourth  part  of  a  sterling.  See  an 
ordinance  without  date  in  the  Magna  Charta 
printed  by  Tottel,  anno  1556,  fol.  167,  and  in 
Rastall's  old  Abridgment,  money  52,  (  quia 
cinultorum  regum  temporibus  provisum  fuit, 
4  quod  propter  pauperes  denarius  argenti,  viz. 

*  sterlingus,  divideretur  in  obolum  et  quad  ran- 
4  tern,  ex  parte  domini  regis  precipitur,  quod 

*  quicunque  recusavcrit  obolum  Tel  qoadramem 


'  debitam  habentem  fbrmam,  capratur.'  See  6 
and  7  Ed.  6.  Dyer  82,  in  the  case  of  Pollards, 
where  it  appears  that  a  sterling  and  a  denier 
were  the  same ;  for  there  it  is  said  that  two 
pollards  passed  for  one  sterling,  and  accord- 
ingly two  sterlings*  were  paid  for  one  denier. 
And  indeed  in  antient  tune,  every  sort  of 
money,  made  of  the  several  metals  of  which 
money  was  usually  coined,  was  properly  called 
a  denarius ;  and  therefore  the  French  and  Ita- 
lians speak  properly,  when  they  call  all  money 
deniers  and  denarii,  for  coins  (nummi)  were 
either  copper,  silver  or  gold :  each  silver  one 
was  worth  ten  of  copper,  and  so  was  called  a 
denier ;  and  each  gold  one  was  worth  ten  of 
silver,  and  in  this  respect  these  were  likewise 
deniers.  And  the  antient  proportion  of  gold 
to  silver  was  as  ten  to  one ;  and  this  propor- 
tion, as  it  seems,  David  observed  in  the  treasure 
of  gold  and  silver  which  he  prepared  for  the 
building  of  the  temple ;  for  the  text  says,Chron. 
chap.  xxii.  ver.  14,  '  that  he  provided  for  that 
purpose  100,000  talents  of  gold,  and  1,000,000 
talents  of  silver.'  So  the  first  and  proper  sterl- 
ing coin  was  a  denier. 

And  for  the  substance  of  this  denier  or  sterl- 
ing penny  in  Weight  and  Purity:  as  to  the 
Weight,  it  was  at  first  the  20th  part  of  an 
ounce,  viz.  an  ounce  was  cut  into  20  sterling 
deniers  and  no  more.  See  the  compositio  men- 
surarum made  in  the  time  of  Ed.  1.  *  in  veteri 
'  libra  de  magna  charta,'  fol.  113.  b.  and  in 
RastaU's  old  abridgment,  tit.  weights  and  mea- 
sures, 4.  where  it  is  said,  that  *  viginti  denarii 
*  faciunt  unciam,  et  duodecim  unci*  faciunt 
'  libram;'  and  so  it  was  until  9  Ed.  3.  at  which 
time  the  ounce  of  silver  was  cut  into  26  pence. 
Annal.  de  Rob.  de  Avesbury  MS.  See  several 
ordinances  touching  the  new  sterling  money, 
made  9  Ed.  3.  Rastnll,  money  345.  And  such 
proportion  was  continued  until  2  Hen.  6.  when 
the  ounce  of  silver  made  32  pence ;  and  this 
appears  by  the  statute  of  2  Hen.  6.  c.  13, 
and  also  by  Lin  wood,  '  de  testamentis,  cap. 
item  quia,  verb.  cent,  solid.  '  Hie  solid  us,' 
sail  I)  he,  (  sumitur  pro  duodecim  deoariis  An* 
'  glicanis;  horum  26  ponderabant  unciam,  cum 
'  tamen  jam  32  denarii  vix  faciant  unciam/ 
And  this  gloss  was  wrote  in  the  beginning  of 
the  reign  of  Hen.  6.  as  it  is  mentioned  in  the 
preface  to  his  hook.  This  standard  was  con- 
tinued until  the  5  Ed.  4.  and  then  the  ounce 
of  silver  made  40  pence;  9  Ed.  4.  49.  a.  and 
12  Ed.  4.  c.  60.  in  Rot.  Pari.  Dublin.  And 
this  continued  until  36  Hen.  8.  when  the  king 
prepared  for  his  journey  to  Ballogne;  and  then 
an  ounce  of  silver  was  cut  into  60  pence,  and 
that  standard  remains  to  tins  day.  And  so  the 
sterling  penny,  which  was  at  first  the  20th  part 
of  an  ounce,  is  now  the  60th  part  of  an  ounce; 
and  by  consequence,  the  antient  sterling  penny 
contained  as  much  silver  as  is  contained  in  the 
three-penny  piece  that  is  now  current. 

And  as  to  the  purity  of  this  sterling  [l  H.H. 

•  So  in  the  original;  but  qu.  whether  it 
should  not  be  pollards  I 


125] 


STATE  TRIALS,  2  James  I.  1605.— in  Ireland. 


[120 


P.  C.  190.]  money,  lQs.5\d.  of  the  purest  silver 
was  contained  in  each  pound,  and  each  pound 
•f  sterliog  money  had  1*.  6d{.  allay  of  copper, 
and  no  more ;  and  of  this  allay  of  sterling 
money,  the  ordinances  or  statutes  of  25  Ed.  3. 
c.  13.  and  £  Hen.  6.  c.  13.  make  mention.  But 
this  is  well  known  to  all  moneyers,  and  is  con- 
tained in  all  the  indentures  made  between  the 
king  and  the  masters  of  the  mint. 

Tlien  the  Sterling  Money  being  of  such 
weight  and  fineness,  the  doubt  prima  Jacie,  was, 
how  this  Mixed  Money  should  be  said  to  be 
sterling.  And  for  the  clearing  of  this  doubt,  it 
was  said,  that  in  each  common  piece  of  Money, 
there  is  '  bonitas  iutrinsica,  et  bouitas  extrin- 
'  seca, :  mtrinseca  consistit  in  praetiositate  mate- 

•  rue  et  pondere,'  viz.  fineness  and  weight ; 
4  extrinseca  bonitas  consistit  iu  valuatione  seu 
'  denominatione,  et  in  formu  seu  charactered 
BudeL  de  re  nummaria,  lib.  i  1.  cap.  7.  And 
this  bonitas  cstrinseca,  which  is  called  '  estima- 
'  tio  sire  valor  imposititius,  est  formalis  et  es- 
'  sentialis  monetae/  and  this  form  giveth  name 
and  being  to  money ;  for  without  such  form, 
the  most  precious  and  pure  metal  that  can  be 
is  not  money ;  and  therefore,  Molinaeus,  lib.  de 
mutat.  Monetae,  saith,  '  non  materia  naturalis 

•  corporis  monetae,  sed  valor  imposititius  est  for- 
'  ma  et  substantia  monetae,  quae  non  est  corpus 

•  physicum  sed  artificiale,'  as  Aristotle  saith, 
Ethic,  lib.  5.  And  so  Polit.  lib.  1.  he  saith 
to  this  effect,  that  money  was  first  signed  and 
imprinted  with  a  certain  character,  to  the  in- 
tent, that  the  people  might  accept  it  on  the  cre- 
dit of  the  prince  or  state  who  publishes  it,  with- 
out examination  or  trial  of  the  weight  or  pu- 
nt?-. And  to  this  purpose  Molineus  hath  this 
rale,  Q.  99.  '  de  jure  non  re  fen  sive  plus  sive 
'  minus  argenti  insit,  modo  publica,  proba,  et 
'legitima  moneta  sit/  Et  Balausl.  singulari, 
saith,  '  in  pecunia  potius  attenditur  usus  et  cur- 
'  sos  quam  materia/  And  Seneca,  lib.  5.  de 
beneficm,  '  Ms  alienum  habere  dicitur,  et  qui 
'aureos  debet,  et  qui  corium  forma  publica 
'percussum/  And  it  was  said  that  the  king 
huh  the  same  prerogative  to  give  value  to  base 
metal  by  his  impression  or  character,  as  he 
hath  to  give  estimation  to  a  mean  person  by 
imparting  the  character  of  honour  to  him; 
'  ac  fiet  viro  quern  rex  honorare  desiderat/ 

And  so  it  was  concluded,  that  after  the  Es- 
terlings,  by  command  of1  the  king  of  England, 
ktd  made  this  pure  English  money,  which  from 
the  name  of  the  makers  was  called  esterling  or 
sterling  money,  the  standard  of  which  hath 
been  .always  the  most  fixed  and  unchanged  in 
dl  the  world,  (which  hath  been  a  great  honour 
to  oar  nation,  for  in  all  other  kingdoms  and 
states,  the  standards  of  their  money  are  more 
unsteady  and  variable,)  all  money  coined  by 
the  authority  of  the  king  of  England,  and  hav- 
ing his  character  and  impression,  not  only  in 
England,  but  also  in  Scotland  and  Ireland, 
bain  been  sterling  money,  and  so  called,  re- 
puted and  taken  by  all  people,  whether  the 
matter  of  it  were  mixed  or  pure.  And  this 
appears  by  the  ordinance  which  is  called  '  sta- 


'  tutum  de  moneta  magnum,'  by  which  all  mo- 
ney is  prohibited,  ouly  the  money  of  England, 
of  Ireland  and  of  Scotland,  which  was  properly 
the  sterling  money.  And  therefore  Freherus, 
lib.  de  re  nummaria,  where  he  enumerates  the 
different  money  of  different  nations;  *  sterlingi,' 
saith  he,  *  habentur  in  Anglia,  Scotia  et  Hiber- 
<  «u  »     And  Bodin,  lib.  6.  de  republ.  c.  3. 


ma. 


speaking  of  the  money  pf  Scotland  ;  in  Scot- 
land, saith  he,  are  two  pounds,  (livers)  very  dif- 
ferent; one  of  esterlings,  the  other  custom ar). 
And  certainly  the  usual  Scottish  pound  (livre) 
is  like  the  French  livre,  and  the  pound  (livre) 
esterling  current  there  is  that  of  England.  And 
that  base  or  Mixed  Money  may  be  current  for 
sterling,  appears  by  the  said  case  of  Pollards, 
Dyer  82.  b.  where  it  is  said,    (  quod  currebat 

*  quaedam  moneta  in  Anglia  loco  sterlingi  quae 
<  vocabatur  pollards,  viz.  duo  pollardi  pro  uno 

*  sterlingo/ 

Fifthly,  it  was  resolved,  that  although  this 
Mixed  Money  was  made  to  be  current  with- 
in this  kingdom  of  Ireland  only,  yet  it  may 
well  be  said,  current  and  lawful  money »  of 
England,  for  two  causes. — 1.  Because  thi» 
kingdom  is  only  a  member  of  the  imperial 
crown  of  England  ;  and  this  appears  3  Hen. 
7.  10.  a.  where  a  question  was  'propounded 
to  the  justices  by  Hobart,  Attorney  gene- 
ral, '  si  quis  sciens  monetam  ad  similitudinem 
'  monetae  regis  Angliae  contrafactam,  talem 
'  monetam  in  Angliain  extra  Hiberniam  defe- 
'  rat,  si  sit  proditio  necne  :  et  dixerunt  quod 
'  Ilibernia  est  quasi  membrum  Angliae,  et  ibi- 
'  dem  le^ihus  Anglia?  utuntur,  et  authoritate 
'  regia  faciunt  monetam/  And  to  this  purpose 
it  is  recited  in  the  statute  of  faculties,  enacted 
in  this  kingdom,  28  Hen.  8.  c.  19.  *  that  this 
the  king's  land  of  Ireland  is  a  member  appen- 
dant, and  rightfully  belongeth  to  the  imperial 
crown  of  the  realm  of  England,  and  united  unto 
the  same/  And  in  the  act  of  33  Hen.  8.  c.  1. 
by  which  the  stile  and  title  of  king  of  Ireland 
was  given  to  Hen.  8.  his  heirs  and  successors, 
it  is  moreover  enacted,  that  the  king  shall  en- 
joy that  stile  and  title,  and  all  other  royal  pre- 
eminences, prerogatives  and  dignities, (  as  united 
and  annexed  to  the  imperial  crown  of  the 
realm  of  England/ — 2.  It  is  called  lawful  mo- 
ney of  England,  in  respect  to  the  place  of  coin- 
age which  was  in  England,  viz.  in  the  Tower  of 
London.  For  although  in  antient  times  the 
king  had  several  mints  in  this  kingdom,  as  he 
had  in  England,  yet  since  the  commencement 
of  the  reign  of  queen  Elizabeth,  all  the  mints 
have  been  reduced  to  one  place,  viz.  The  Tower 
of  London;  and  this  was  done  upon  good  rea- 
son of  state,  to  prevent  the  falsification  of  mo- 
ney. And  therefore,  before  the  Norman  con- 
ouesr,  all  money  was  coined  in  monasteries ; 
tor  it  was  presumed,  that  in  such  places  no  fal- 
sity or  corruption  would  be  found.  And  this 
agrees  with  the  prudence  of  the  Roman  state, 
which  had  but  one  mint  for  all  Italy,  and  that 
was  in  the  temple  of  Juno  at  Rome,  who  for 
this  cause  was  called  '  Juno  moneta/  And  for 
this  purpose,  the  emperor  Charlemain  made  * 


1 27]  STATE  TRIALS,  2  James  I.  1605.— The  Cote  of  Mixed  Money 


[128 


low,  in  these  words,  viz.  *  de  falsis  monetis, 

*  quia  in  diversis  locis  contra  justitiuni  fiunr,  vo- 

*  lumus,  ut  innullo  alio  loco  moneta,  nisi  in  pa- 

*  latio  nostro,  fiat.'  Choppinus  de  Domanio 
Francis,  217.  a.  Yet  in  28  Ed.  1.  this  prudent 
Icing,  for  the  facility  of  exchange,  caused  several 
jnints  to  be  established  in  several  towns  in 
England;  one  in  the  Tower  of  London  with 
thirty  ra maces,  another  at  Canterbury  with  eight 
furnaces,  another  at  Kingston  upon  Hull  with 
four  furnaces,  another  at  Newcastle  upon  Tyne 
with  two  furnaces,  another  at  Bristol  with  four 
furnaces,  and  another  at  Exeter  with  four  fur- 
naces. Tractat.  de  monetii  Anglia?,  made  in 
the  time  of  Ed.  1.  which  1  found  in  the  library 
of  sir  Robert  Cotton,  which  was  the  hook  of 
lord  Burleigh,  late  lord  high  treasurer  of  Eng- 
land. J5ec  also  the  clo-e  rolls  of  29  Ed.  1.  in 
the  Tower  of  London.  And  this  np pears  also 
by  the  inscription  of  divers  antient  coins,  on 
which  are  expressed  the  names  of  the  cities 
where  thev  were  coined,  according  to  a  verse 
made  in  the  time  of  Ed.  1.  and  taken  by  Stow 
out  of  Robert  le  Bnm,  an  antient  manuscript : 
'  Edward  did  smite  round   penny,  half-penny, 

farthing.' 

And  then  followed, 
'  On  the  king's  side,  Mas  his  head  and  his  name 
written, 

*  On  the  cross  side,  the  city  where  it  was  smit- 

ten.' 
And  this  same  king  having  established  a 
mint  at  J)ublin  with  lour  furnaces,  and  having 
constituted  Alexander  Norman  of  Lusk  master 
of  the  mint  there,  as  appear*  in  several  records 
in  the  archives  of  the  Castle  of  Dublin;  after- 
wards, viz.  32  Ed.  1,  when  he  bail  altered  the 
furm  of  the  coin,  he  caused  divers  stamps  con- 
sisting of  two  parts,  of  which  the  one  contained 
the  pde,  and  the  other  the  cross,  to  be  trans- 
mitted to  the  treasurer  of  this  kingdom,  as  is 
recorded  in  the  red  book  of  the  Exchequer  here 
in  this  manner.  '  Majiister  Guliclmus  de  Wi- 
'  mundham,  custos  rambiorum  domini  regis  in 
1  Anglia,  de  precepto  venerabilis  patris  Bnthon. 
1  et  Wellenss  episcopi,  thcs:iuranj  cjusdem  do- 

*  mini  regis,  mi>it  domino   (julielmo  dc  Esen- 

*  den,  thesaurario  in   liil»erni:i,  vieiuti  quatuor 

*  peciascuneorum,  pro  moneta  ibidem  facicuda, 

*  viz.  tre»s  pilas  cum  sex  crucellis  pro  dennrijs, 
t,  (pes  pihis  cum  sex  cnicellin  pro  obolis,  et  duas 
'  pilas  cum  quatuor  crucelli*  pro  ferlingis,  per 
1  Johaiinem  le  Minor,  Thomas  Oowle,  et  Jo- 

*  hannem  de  Shonlitch,  clcricos,  de  socictate 
» operarioruin  et  monetariorum  London,  per 
4  c-tsdein  ad  monctam  pnvdic -tain  opcraiidam  et 

*  ■onetindara.'  And  there  it  is  likewise  nicn- 
sooed.  before  what  witnesses  the  said  stamps 
^cr.  fet:tvered;  for  '  eune us  moneta*  tanqiiam 

-cUara  ret"i  ontodiri  debet,'  as  it  is  snul  in 
-■• -^lrse  "  de  moneta  Angli;e*  before  men- 
~\  aod  the  reason  is,  because  to  cou/i- 
ae  of  the  other  is  high  treason. 
m  tan*  there  was  but  one  mint  in 
,  «C*  Dublin.     But  long  aftcr- 
»Hfc  a.  *  mint  was  established  at 
at  Trim,  and  another  at 


Galway;  Rot.  Pari.  3  Ed.  4.  in  Castro  Dublin. 
And  12  Ed.  4.  Rot.  Pari.  ibid,  it  is  ordained,  that 
the  masters  of  the  mint  in  Ireland  should  make, 
in  the  castles  of  Dubl  in  and  Trim,  and  in  the  town 
of  Drogheda,  five  sorts  of  coin,  the  groat,  the 
half-groat,  the  penny,  half-penny  and  farthing; 
by  which  it  is  ma  in  test  that  in  former  times, 
there  were  five  several  mints  in  Ireland,  in  the 
several  towns  aforesaid.  But  all  these  were 
discontinued  in  the  time  of  Ed.  6,  so  that  since 
the  reign  of  that  king,  all  die  money  made  in 
Ireland  hath  been  coined  in  England  ;  and 
therefore  this  mixed  money,  coined  in  the 
Tower  of  London,  may  be  properly  called 
current  and  lawful  money  of  England. 

Sixthly  and  lastly,  it  was  resolved,  that  al- 
though at  the  time  of  the  contract  and  obliga- 
tion made  in  the  present  case,  pure  money  of 
gold  and  silver  wns  current  within  this  king- 
dom, where  the  place  of  payment  was  assign- 
ed ;  yet  the  mixed  money,  being  established  in 
this  Kingdom  before  the  day  of  paymert,  may 
well  be  tendered  in  discharge  of  the  said  obli- 
gation, and  the  obligee  is  bound  to  accept  it ; 
and  if  he  refuses  it,  and  waits  until  the  money 
be  changed  again,  the  obligor  is  not  bound  to 
pay  other  money  of  better  substance,  but  it  is 
sufficient  if  he  be  always  ready  to  pay  the 
mixed  money  according  to  the  rate  for  which 
thev  were  current  at  the  time  of  the  tender. 
And  this  point  wns  resolved  on  comideration 
of  two  circumstances,  viz.  the  time  and  the 
place  of  the  payment ;  for  the  time  is  future, 
viz.  that  if  the  said  Brett  shall  pay  or  cause  to 
be  paid  100/.  sterling,  current  money,  &c.  and 
therefore  such  money  shall  be  paid  as  shall  he 
current  at  such  future  time;  so  that  the  time 
of  payment,  and  nut  the  time  of  the  con t met, 
shall  be  regarded. 

Also,  the  future  time  is  intended  by  the  words 
current  money  ;  for  a  thing  which  is  passed  is 
not  in  nirsu;  and  therefore  all  the  doctors,  who 
write  '  de  re  nummaria,*  agree  in  this  rule, 
'  verba  currentis  monetas  tern  pus  solutionis  de- 
'  signant.'  And  to  this  purpose  arc  several 
cases  ruled  in  our  books,  6  and  7  Ed.  G.  Dyer 
81.  b.  After  the  fall  and  emhaseinciit"  of 
monev,  6  Ed.  6.  debt  was  brought  against  the 
executors  of  lessee  for  years,  for  rent  in  nrrear 
for  two  years,  ending  ilich.  2  Ed.  6.  at  winch 
time  the  shilling  (which  at  the  time  of  the 
action  brought,  was  cried  down  to  (if/.)  waj 
current  for  12rf.  the  defendants  pleaded  a 
tender  of  the  rent  on  the  days  when  it  became 
due,  '  in  pociis  monetae  Anglise  vocat.  ikil- 
'  tings,  qualibetpecia  vocat,  shifting,  ndtnnc  so- 
(  lubili  pro  12d.  and  th:it  neither  the  plaintiff1 
nor  any  other  tor  him  was  ready  to  receive  it, 
cVc.  and  concluded  that  thev^ire  still  ready  to 
pay  the  arrears  '  in  dictis  ptciis  vocat.  shillings, 
*  secundum  ratam,'  \'C.  On  this  plea,  al- 
though the  plaintiff  demurred,  ye*t  he  was  con- 
tent to  take  the  money  at  the  rate  aforesaid, 
without  cosrs  or  damages.  To  the  same  pur- 
pose is  the  case  of  Pollards  adjudged,  2t>  Ed. 
1.  and  reported  by  Dyer  82.  b.  where  in  debt 
on  an  obligation  for  payment  of  24/.  at  tiro 


129] 


STATE  TRIALS,  2  James  I.  1605.— in  Ireland. 


[130 


several  day*,  the  defendant  pleads,  that,  at  the  |  these  words  '  currentis  moneta?'  shall  relate  to 
day*  limited  for  pa vmeut  of  the  debt  in  demand     the  time  of  the  puvment ;    vet  in  wills,  they 


payi 
'  currehat  qnaedaiu  inoneta.  qu«  vocahaiur  Pol- 
Urdsy  luco  sterlingi,'  &c.  and  that  the,def<  ndaut 
at  the  first  day  of  payment  tendered  the  moiety 
of  the  debt  in  tlie  money  called  Pollards,  which 
the  plaintiff  refused,  and  tiitit  he  is  still  ready, 
&c.  and  offered  it  in  court,  which  is  not  denied 
by  the  plaintiff;  ideo  cancessum  est,  that  he  re- 
covered one  moiety   in  Pollards,  and  the  other 
in  pure  sterling  money.     See  9   Ed.  4.  49.  a 
ftmarkable  case  on    the  change   of   money, 
■here  it  is  said,  that  if  a  man  in  nn  action  of 
debt  demands  40/.  it  shall  he  intended  money 
a  bid)  is  current  at  the  time  of  the  writ  pur- 
chased.    And  tJitTe  a  case  in  the  time  of  Ed.  1. 
fcj  put,  which  is  directly  to  this  purpose.     In 
debt  brought  upon  a  deed  for  30  quarters  of  bar- 
ley, price  20/.  it  was  found  for  the  plaintiff,  and 
the  jury  was  charged  to  enquire  of  the  price  at 
the  time  of  die  payment,  and  it  was  said  that 
at  ibe  time  of  the  payment  a  quarter  was  at 
12*.    but   at   the    time  of  the   making  of  the 
deed,  it  was  only  at  3*.  and  the  plaintiff  re- 
covered   18/.  fur  the  corn  according  to   the 
price  of  it  at  the  time  of  the  payment.     To 
this   purpose  also,   Limvood  hath   a   notable 
floss  on  the  constitution  of  Simon  Mepham, 
Lb.  3.  de  Tcstamentis  cap.  item  quia.     For 
a  here  the  constitution  is  such,  4  pro  publica- 
4  tione  testamenti  pauperis,  cujus  inventarium 
•'  bonorum  non  excedit  centum  solidos  sterlin- 
'  coram,   nihil   penitus  exigatur/    he  muket.h 
thisglo*3,    *  hie  solidus  smnitur  pro  duodecim 
'deoarijs  Anglicanis,  &c.      Sed  qiucro,'  saith 
he,  *  nuinauid  circa  hos  centum  solidos  debeut 
'considerari  valor  in   moneta  jam  currents, 
'  vel  valor  sterlingoram  qui  currebant  tempore 
'sratuti/  and  there  lie  resylvetB,    '  quod  ubi 
1  ditpositio  surgit  ex  statute,  ut  hir,  licet  mo- 
1  neta  sit  diminuta  in  valore,  tamen  debet  con- 
'»derari  respectu  monetx  novw  currentis,  et 
'non  respectu  antique.   Nam  mutata  nioneta, 
'mutari  videtur  statutum,  ut  scilicet  intelliga- 
1  ttrde  nova,  et  non  de  veteri.'     See  Reg<st. 
JO.  a.  and  54.  b.  where  the  king  issues  his  writ, 
I»W  certified  of  the  value  of  a  church.     The 
*ttri*  of  the  writ  arc  secundum  taxationcm  dc- 
nme  jam  rurrentii.     And  31  Ed.  3.  Fitz.  II. 
Annuity  28.  an  annuity  was  granted   to  T.  8. 
snul  lie  was  promoted  by  the  grantor  to  a  suf- 
ficient benefice ;   I.  $.4 .rings  a  writ  of  annuity 
sgaia*  riie  grantor,  who  pleads  that  lie  had 
tendered  to  tbc  plaintiff  u  sufficient  benefice ; 
tad  there  issue  was  taken  on  the  value  of  die 
krariire  at  the  time  of  the  tender. 
But  it  was  snid  that,  although  in  contracts 


shall  relate  to  the  time  of  making  the  will ;  for 
the  bequest  is  in  the  present  tense,    *  1  give 

*  and  bequeath,'  cvC  and  therefore  legacies 
shall  be  paid  in  such  money  us  is  current  at 
the  time  of  the  making  the  testament,  or  ac- 
cording to  the  rate  t  hereof.  It  w  as  also  said,  that 
if  a  man  hath  1000/.  of  pure  silver  in  marriage 
with  his  wife,  and  afterwards  thev  are  divorced 
causa  precontract  us,  by  which  the  wife  is  to 
receive  her  portion :  or  if  a  man  recovers  by 
an  erroneous  judgment  100/.  in  debt,  and  hath 
execution  in  pure  silver  money,  and  afterwards 
the  judgment  is  reversed,  so  that  lie  is  to  be 
restored  to  all  that  he  hath  lost,  although  base 
money  be  established  in  the  mean  time,  resti- 
tution shall  he  in  such  money  as  was  current 
at  the  time  of  the  marriage,  and  at  the  time  of 
the  recovery.  But  these  latter  catcs  were  not 
resolved. 

And  as  to  the  circumstance  of  place,  it  was 
resolved,  that  although  the  contract  was  made 
in  London,  yet,  tlie  place  of  payment  being 
appointed  in  Dublin,  of  necessity  the  obligor 
must  make  his  tender  in  the  mixed  money  at 
the  time  of  the  payment ;  for  all  other  money 
was  cried  down  and  made  bullion  by  the  pro- 
clamation aforesaid,  and  this  money  only  esta- 
blished; so  that  if  the  obligee  had  refused  this 
mixed  mouey,  he  had  committed  a  contempt, 
for  which  he  might  be  punished.  Also  the 
judges  are  not  hound  to  take  notice  of  any  mo- 
ney, that  is  not  current  by  proclamation.  And 
therefore  Prisot  saith,  34  Hen.  6.  13.  a.  *  we 
'  are  not  apprised  of  6/.  Flemish,  as  we  are  of 
'  100  nobles  ;*  and  therefore  in  all  contracts  of 
inercliauts,    *  consuetudo   ct   statuta   loci,  in 

*  quein  est  destinnta  solutio,  re^picienda  feunt/ 
Budelius  de  re  numranrisi,  lib.  '2.  <;.  21.  And 
it  was  said,  that  if  at  tins  day  the  law  should 
be  taktn,  as  it  was  taken  in  the  time  of  Ed.  1. 
that  upon  judgment  in  debt  given  in  England, 
on  a  testatum  that  the  defendant  hath  nothing 
in  England,  but  that  he  hath  goods  and  lund* 
in  Iretnnd  ;  a  writ  of  execution  shall  be  award* 
ed  to  the  chief  justice  or  deputy  of  Ireland,  to 
levy  the  debt  there,  (which  writ  is  found  in 
Registro  Brer.  Jud.  43.  b.)  tlie  sum  in  such 
case  shall  be  levied  according  to  the  rate  of 
Irish  money,  and  not  of  English  money,  and  in 
such  coin  as  shall  be  current  in  this  kingdom, 
ut  the  time  of  the  execution. 

And  according  to  this  Resolution,  several 
otlier  Cases  on  the  same  point  were  afterwards 
ruled  and  adjudged  in  the  several  Courts  of 
Record  in  Dublin. 


VOL.  it. 


IS*] 


STATE  TRIALS,  3  James  I.  1005.— ArticuU  CHrt. 


0»se 


79.  Ahticuli  Clkri  :  Articles  (so  intitled  by  Lord  Coke)  of 
Complaint  against  the  Judges  of  the  Realm ;  exhibited  by 
Richard  Bancroft,  Archbishop  of  Canterbury,  in  the  Name 
of  the  whole  Clergy:  Michaelmas  Term/  3  Jac.  a.  d.  1605. 
Together  with  the  Answers  thereunto  by  all  the  Judges  and 
Rarons.     [Lord  Coke's  2d  Inst.  601.] 


.LORD  Coke,  in  treating  of  the  Stat.  9  Ed.  2. 
called  A rticuli  Clf.hi,  says: 

"  Long  before  the  making  of  this  statute,  that 
is,  anno  42  U.S.  a.  d.  1258,  Boniface  younger 
M>nne  of  Thomas  earle  of  Savoy,  archbishop  of 
Canterbury,  uncle  of  Klinnor  queen  of  Eng- 
land, who  was  daughter  of  Reymoud  earle  of 
Province  hv  Beatrix  daughter. of  Thomas  earle 
of  Savoy,  and  sister  to  the  said  Boniface,  made 
divers  and  ninny  canons  and  constitutions  pro- 
vincial! directly  against  the  lawes  of  the  realme, 
which  canons  begun  thus  :  *  Universis  Christ i 
1  fidelibus  ad  quos  pnrsens  pagina  pervenerit, 
1  Bonifacius  miserntione  diviua  Cantuariensis 
'  archiepiscopus,  totius  Anglin?.  primas,  et  sui 
'  sutfruganci  in  vcrbo  sahitari  salutem.'  And 
ending   thus :    '  Actum   apud   Westm',   sexto 

*  iduum  Junii  a.d.  1258.     In  quorum  omnium 

*  robur  et  testimonium,  &c.'  which  being  ex- 
ceeding long,  we  could  not  here  insert.  But 
the  effect  of  them  is,  so  to  usurp  and  incroach 
upon  many  matters,  which  apparently  belonged 
to  the  common  law,  as,  amongst  many  others, 
the  try  a  11  of  limits  and  bounds  of  parishes,  and 
right  of  patronage,  against  tryall  of  right  of 
tithes  (by  indicavU)  against. wriis  to  the  bishop 
u|)On  a  recovery  in  a  quart  impedit,  ike.  In  the 
king's  courts.  That  none  of  their  possessions 
or  liberties,  which  any  of  the  clenry  had  in  the 
right  of  their  church,  should  be  tryed  before 
any  secular  judge  ;  (so  as  they  would  not  have 
conusance  of  things  spiritual!,  but  of  temporall 
also)  and  concerning  distresses  and  attach- 
ments within  their  fees,  and  in  effect,  that  no 
quo  warranto  should  be  brought  against  them, 
when  they  had  been  long  in  possession,  with  an 
invective  against  the  perverse  interpretation  by 
the  judges  of  the  realme  (so  they  termed  it)  of 
charters,  &c.  granted  to  them,  and  in  substance 
against  the  ancient  and  just  writs  of  prohibi- 
tion in  cases,  where  by  the  lawes  of  the  realme 
they  are  maintainable :  and  commandement 
given  to  admonish  tlie  king  and  interdict  his 
lands  and  revenues,  and  thnudred  out  excom- 
munications against  the  judges  and  others  if 
they  violated,  or  obeyed  not  the  said  canons 
and  constitutions.  And  this  was  the  principull 
ground  of  the  controversies  between  tlie  judges 
of  the  realme  and  the  bishops  :  for  this  caused 
ecclcsnstieall  judges  to  usurp  and  uicroarh 
upon  the  common  law.  But  notwithstanding 
the  greatness*-  of  the  archbishop  Boniface,  and 
thatdiverd  of  the  judges  of  tlie  realm  were  of  the 
clergy,  and  all  the  great  officers  of  the  realm,  as 
chancellor,  treasurer,  privie  seale,  &c  were  pre- 
lutes ;  jet  the  judges  proceeded  according  to 


the  lawes  of  the  realm,  and  still:  kept,  though- 
with  great  difficulty,  the  ecclesiastical  courts- 
within  their  just  and  proper  limits.  The  court* 
by  pretext  of  these  canons  being  at  variance, 
at  length  at  a  parliament  holden  in  tlie  51  yearr 
of  Henry  the  third,  Boniface,  and  the  rest  of 
the  clenry,  complained  (which  was  ultimum 
rtfugium,  and  yet  the  right  way)  and  exhibited 
many  Articles  ns  grievances,  called  Articvti 
Cleri.  The  Articles  exhibited  by  the  clergie 
either  by  accident  or  industry  are  not  to  be 
found;  some  of  the  Answers  are  extant,  •  viz. 

*  Ad  16  Articulum  de  usurte,  respondctur,  quod 

*  licet  episcopus,  ike. — Ad  17  articulem  de  defa- 

*  matione,  &c.  respondetur,  si  aliquis  defa- 
'  matus,  &c  si  autein  certae  persons  nominate 
'  fuerint,  per  quas  rci  Veritas  melius  scire  po- 

*  tent,  noininantur,  ad  proband'  matrimonium 

*  vel  testamentutn  :  et  similiter  in  accusatio- 
1  nibus  tales   persona   iinpcdiendae  non  sunt, 

*  quia  testimonium  perliibent  veritati,  scd  prop- 
'  ter  hoc  non  est  congregatio  laicorum  faciend*, 
'  quia  per  congregationem  hujusmodi  servitia 
'  domiuus  possit  deperire. — Ad  18  Artie'  doini- 
'  nas  posuit  remedium. — Ad  19  Artie'  respon- 

*  detur,  quod  archiepiscopus  de  episcopatu 
1  vacante  11011  se  intromittat  quantum  ad  tem- 

*  poralia,  sed  tantum  se  de  spirit ualibus  intro- 

*  mittat,  &c— Ad  20  Artie'  respondetur,  quod 
4  de  clericis  occisis,  et  de  hits  qui  forsan  occidi 
1  coutigerit,  in  futurum  tint  justitia,  secundum 
'legem  et  consuetudinem  terra,  ike. — Ad  21 
'  Artie*  respondetur,  quod  excommunicato  per 

*  ordinariimi,  aut  aliuin  judicem  competentem, 
'  et  denunciatus  Ui liter,  debebit  ab  ahis  evitari* 
(  nisi  forsan  excommunicatus  conqueratur  se 
'  esse  injuste  excommunicntum  pro  aliqua  re 
1  temporaii,  dc  qua  non  debcat  coram  ordinario 
'  respondere,  ad  cujus  probationera  debet  ad- 
1  mitti,  sed  in  caiieris  qua;  proponit,  ut  actor, 
i  est  interim  evitandus .*— Ad  22  Artie'  mandu- 
(  bitur  justiciariis,  quod  non  tiant  aliqua?  prisas 
1  per  totam  terrain  de  bonis  aliquorum,  nisi  dc- 
'  bitae  prisa?  et  consneta*. — Ad   23  Artie'  res- 

*  pondetur,  quod  cum  aliqui  teneant  aliquod  de 

*  rege  in  capite   unde  custodia  debeatur,  cus- 

*  todia^    omnium    terrarum   de    quibuscunquc 

*  teneutes  illi  tenementa  ilia  teneant  cum  acci- 
'  derint  (si  inde  custodia  habere  debeatur)  hac- 
'  tenus  ex  con«uetudine  approbata  spectarunt 

*  ad  regem,  sed  episcopi  si  ex pt dire  vidcant, 
(  inhiUant  tenentibus suis, ne  aliqua  tenementa 

*  si  hi  pvrquirant  de  feodis  regis.' 

These  Answers  are  yet  extant  of  record,  and 
are  worthy  to  be  read  at  large  as  they  jet 
remaine;  whereuoto  we  refene  the  reader. 


«3] 


STATE  TRIALS,  3  James  I.  UiQ5.— Articuli  Cleri.  [134 

of  his  fidelity  and  great  wisdome,  and  *  Wal- 
4  terus  'urchiepiscowus  Cantuarieusis  reci  era- 


Tbis  is  to  be  observed,  that  none  of  Boniface's 
Canons  against  the  lawes  of  the  realm,  and  the 
crowne  and  dignity  of  the  king,  and  the  birth- 
right of  the  subject,  are  here  confirmed. 

What  the  residue  of  the  Articles  and  the 
Answers  were,  may  be  collected  by  that  act 
of  parliament  entitled  '  Prohibitio  tor  mat  a  dc 
statu  to  Articuli  Cleri,'  which  was  made  in  the 


time  of  Edward  the  first,  about  the  hegiuning  high  time  that  we  should  descend  to  the  pcru- 
-ru:  :  „.i.:^i.  i— :  ~i.  .1 ....  x^  _j  -  sail  of  the  preamble,  and  the  Aiticles  and  An- 
swers. But  before  we  come  to  it.  it  shall  con- 
ihicemuch  to  the  right  undemanding  of  dixers 
parts  of  this  act  of  parliament,  to  report  unto 
you  what  Articles  Richard  Bancroft  archbishop 
of  Canterbury  exhibited  in  the  name  of  the 
whole  .clergy  in  Michaelmas  terme  anno  3  Ja- 
cob, regis  to  the  lords  of  the  privie  counceli 
against  the  judges  of  the  realm,  mtuled, 


of  his  reign,  which  begiimeth  thus :  Eduardus, 
irf.  pnrkttis,  SfC.  wherein  divers  points  are  to 
W  observed  against  the  canons  of  Boniface  : 
4 1.  Quod  cognitiones  placitorum  super  feoda- 
1  lihus  et  libertatibus  feodalium,  districtionibus, 
4  officus  ministrorum,  executionibus  contra  pa- 

*  cenvaostram  factit,  felonuin  negotiationibus, 
4  coosoetudinibus  aecularibus,  attachiamentis, 
9\i  Jaica  malerac  tori  bus  rectatis,  robberiis, 
'  arrestutionibus,  maneriis,  advocationibus  ec- 
4  desiarum,  suttirientibus  as  sisis  juratis,  re- 
1  cogoitionibiis    laicum    feodum   *  contingenti- 

*  has,  et  rebus  aliis,  et  causis  pecuniarum, 
4  et  de  aliis  catallis  et  debitis  quae  -non  sunt 
'  de  testament'  vel  raatriinon'  ad  coronam 
4  et  dignitatem  regiuin  pertineant,  et  de  regno 

*  de  coiisuetud'  ejusdem  regni  approbata,  et 

*  hacteuus  observata.     2.  Et  proceres,  et  inag- 

*  nates,  aut  alii  de  eodem  regno  teinporibus 
'  nostrorura  predeceasorum  regum  Angliae,  seu 
'  nostra  authoritate  alien  jus  non  consuevemut 
'-coutra  consuetuilinem  ilium  super  hujustnodi 
4  rebus  in  causa  train  vel  compelli  ad  compa- 

*  rcnduin  coram  quocunque  judice  ecclesiastico.  ■ 
'  3.  Et  quod  vicecoines  non  permittant,  quod 

4  aliqui  iaici  in  baliva  sua  conveniuntad  aiiquas 

*  recognitions  per  sacramenta  sua  fnciend', 
1  nisi  in  causis  inatrhuonialibus  et  testaineu- 
' tariis.*  Of  the  substance  of  this  prohibition, 
firrrtonspeaketh  in  these  words, '  et  queux  ount 
1  sutiert  pleader  en  court  christian  auters  pleas, 
'  que  de  testament  on  inatriinonie,  et  de  pure 
4  spiritueltie  sans  deniers  prender  de  lay  home. 
*0u  *uriert  lay  home  iorrer  de  vant  lord i nary.' 

After  this  the  Clergy,  at  a  Parliament  holden 
rathe  raigne  of  the  same  king  E.  1.  preferred 
Aiticles  intitled  *  Articuli  contra  prohihitiou- 
ca  regis,'  fearing  lest  by  reason  of  some  gene- 
rjfl  words  therein  tliey  might  be  prohibited  in 
causes,  which  of  right  belonged  to  the  ecclesi- 
astical jurisdiction,  in  these  words,  '  sub  hue 
1  forma  impctrant  laici  pruhibitionem  in  genere 
1  toper  decimis,  oblationibus,  obveniionibus, 
4  inurtuariis,  redemptionibus  penitentiarum, 
'  viokntn  manuuin  iujectiane  in  clericum  vel 
4  coiiiiuiftsariuiu,  et  in  causa  defamations,  in  qui- 
'  bus  cusibus  agitur  ad  pcenam  cauonicam  mi- 
4  pnnendam.'  And  a  just  and  legull  Answer 
was  made  thereunto,  as  thereby  appeareth. 
fiat  it  i»  to  be  observed,  that  they  claimed  no- 
thing which  was  against  the  true  lucaniug  of 
the*aid  art.  called  *  Prohibitio  fonnata  de  sta- 
4  Into  Artie' Cleri,'  nor  any  of  Boniface's*  canons 
Co  rxe  confirmed  ;  and  so  these  matters  rested, 
untill  the  parliament  holden  at  Lincoln  in  the 
ninth  yea/e  of  Edw.  <2,  where  Walter  Key nolds 
bithop  o(  Canterbury  (whom  the  king  favour- 
ed, Much  oqef  singularly  for  the  opinion  he  had 


iepisco|»us  I  antuarieusis  regi  gn 
*  tiosissimus  fuit,  hac  regis  squiisima  re  sponsa 
'  ad  pralatorum  petita  obtinuit/  in  the  name 
of  hiinsclfe  and  of  the  clergy,  preferred  these 
16  Articles,  and  by  autlwrity  of  parliament 
had  the  Answers  here  following  seriatim  -to 
every  one  of  them. — And   now  it  may  seem 


Certain  Articles  of  Abuses,  which  are  desir- 
ed to  be  reformed,  in  granting  of  Prohibi- 
tions, and  the  Answers  thereunto : 

Upon  mature  deliberation  and  consideration, 
in  Easter  terinc  following,  by  all  the  Judges  of 
England,  and  die  barons  of  the  exchequer, 
with  one  unanimous  consent  under  their  hand* 
(resolutions  of  highest  authorities  in  law) -which 
were  delivered  -to  the  lords  of  .the  counceli. 
And  we  for  distinction  sake  (because  we  shall 
have  occasion  often  tq  cite  them;  cadi  them 
Articuli  Cleri  3  Jacubi. 

1.  His  majesty  hath  power  to  reforme  abuses 
in  Prohibitions. 

Objection.  The  clergy  well  hoj>ed,  that  they 
had  taken  a  good  course  in  seeking  some  re- 
dresse  at  his  majesties  hands  concerning  sun- 
dry abuse*  offered  to  hKecclcsiastieall  jurisdic- 
tion, by  the  over  frequent  and  undue  granting 
of  prohibitions ;  for  both  they  and  we  supposed 
(all  jurisdiction,  both  ecclcsiasticall  and  tem- 
poruil  being  annexed  to  the  imperial]  crowne 
of  tlus  real  me)  that  his  higlmesse  had  been 
held  to  have  had  sufficient  authority  in  him- 
selfe,  with  the  assistance  of  his  counceli,  to 
judge  what  U  amisse  in  either  of  his  said  juris- 
dictions, and  to  have  reformed  the  same  ac- 
cordingly ;  otherwise  a  wrong  course  is  taken 
by  us,  if  nothing  may  hee  reformed  that  is  now 
complained  o£  but  what  the  temporal  I  judges 
shall  of  them*elvts  willingly  yeeld  unto.  This 
is  therefore  the  first  point,  which  upon  occa- 
sion lately  olfertd  before  your  lonUhips  by 
some  ot  the  judges,  we  desire  may  be  cleared, 
because  we  are  strongly  perswnded  us  touching 
the  validity  of  his  majesties  said  authority,  and 
doe  hope  that  we  shall  he  able  to  ju*ti1ic  the 
same,  notwithstanding  any  tiling  that  the 
judges,  or  any  other  can  alledge  to  the  contrary. 

AnsvLr  of  the  Judges.  No  man  makcih 
any  question,  but  that  both  the  jurisdictions 
are  lawfully  and  justly  in  his  majesty,  and 
that  if  any  abuses  be,  they  ought  to  bee  re- 
formed :  but  what  the  law  doth  warrant  in 
cases  of  prohibitions  to  keep  e\ery  jurisdiction 
in  his  true  limits,  is  not  to  be  said  an  abuse, 
nor  can  be  altered  but  by  parliament. 


133] 


STATE  TRIALS,  3  James  I.  \<>05.—ArtkuU  deri. 


[13(5 


2.  The  formes  of  Prohibitions  prejudiciall  to 
his  majesties  authority  iu  causes  ecclesias- 
tical!. 

Objection,  Concerning  the  forme  of  prohi- 
bitions, forasmuch  as  boih  the  ecclesiasticall 
and  temporall  jurisdictions  be  now  united  in 
his  majestie,  which  were  heretofore  dc  facto, 
though  not  dc  jure  derived  from  severall  head>, 
we  desire  to  be  satisfied  by  the  judges,  whether, 
as  the  case  now  staudetli,  the  former  manner 
of  prohibitions  heretofore  used  importing  an 
ecclesiasticall  court  to  be  uliud  forum  <i  foro 
regio,  and  the  ecclesiastical  I  law  not  to  be 
legem  terra,  and  the  proceedings  in  those 
courts  to  bee  contra  coronam  ct  dignitatem  rc- 
giam,  may  now  without  offence  and  derogation 
to  the  kings  ecclesiastical  prerogative  be  con- 
tinued, as  though  either  the  said  jurisdictions 
remained  now  so  distinguished  and  severed  as 
they  were  before,  or  that,  the  lawes  ecclesinsti- 
call,  which  wee  put  iu  execution,  were  not  the 
kings  and  the  rcalm<»s  ccclc*ia*ticall  lawes,  as 
well  us  the  temporall  lawes. 

Ansuer.  It  is  true,  that  both  the  jurisdic- 
tions were  ever  dc  jure  in  the  crown* \  though 
the  one  sometimes  usurped  by  the  see  of 
Koine ;  but  neither  in  the  one  time,  nor  in  the 
other  hath  ever  the  forme  of  prohibitions  been 
altered,  uor  can  bee  but  by  parliament.  And 
it  is  contra  coronam  ct  dignitatem  rcgiam  for 
any  to  usurp  to  deale  in  Unit,  which  they  have 
not  law  full  warrant  from  the  crowne  to  deale 
in,  or  to  take  from  the  temporall  jurisdiction 
that  which  belonged  to  it.  The  prohibition* 
doe  not.  import,  that  the  ecclesiu si icall  courts 
are  aliud  then  the  kings,  or  not  the  kings 
courts,  but  doe  import,  that  the  cause  is  drawne 
into  aliud  examen  then  it  ought  to  be :  and 
therefore  it  is  alwaies  said  iu  the  propositions 
(lie  the  court  temporall  or  ccclesiasticall,  to 
which  it  is  awarded)  if  they  deale  iu  any  case 
which  they  have  not  power  to  hold  plea  of, 
that  the  cause  is  drawn  ad  aliud  tinmen  then 
it  ought  to  he  ;  and  therefore  contra  coronam 
et  dignitatem  rcgiam. 

3.  A  fit  time  to  be  assigned  for  the  defend- 
dnnt,  if  he  will  seek  a  Prohibition. 

Ohjcction.  As  touching  the  time  when  Pro- 
hibitions are  granted,  it  secmeth  strange  to  u«, 
that,  they  are  not  onely  granted  at  the  suit  of 
the  defendant  in  the  ccclesiasticall  court  after 
his  answer  (whereby  hee  afunneth  the  jurisdic- 
tion of  the  said  court,  and  submitteth  hnu-elic 
unto  the  same  ;)  hut  also  after  all  allegations 
and  proofes  made  on  both  sides,  when  the 
cause  is  tally  instructed  and  furnished  for  son- 
tenee  :  vea.  after  sentence.  vea  alter  two  or 
three  sentences  given,  and  after,  execution  of 
the  said  sciitenrv  <>r  sentences,  ami  win  n  the 
party  for  his  long  continued  disobedience  is 
laid  iu  priviTi  upon  the  writ  of  -excommunicato 
capiendo t  which  courses,  forasmuch  as  they  are 
against  the  rules  of  the  common  law  iu  like 
cases,  ns  we  take  it,  and  doc  tend  so  greatly  to 
the  delay  ofjubticc,  vexation,  and  charge  of  the 


subject,  and  the  disgrace  and  discredit  of  his 
majesties  jurisdiction  ecclesiasticall,  the  judgei, 
as  we  suppose,-  notwitlistanding  their  great 
learning  iu  the  lawes,  will  be  hardly  able  in 
defence  of  them  to  satisfie  your  lordships. 

Antzcer.  Prohibitions  bv  law  arc  to  be 
granted  at  any  time  to  restraiue  a  court  to  in- 
termeddle with,  or  execute  any  thing,  which  by 
law  they  ought  not  to  hold  pfea  of,  and  they 
are  much  mistaken  that  maintaine  the  con- 
trary. And  it  is  the  folly  of  such  as  will  pro* 
ceed  in  the  ecclesiasticall  court  for  that, 
whereof  that  court  hath  not  jurisdiction  ;  or  in 
that,  whereof  the  kings  temporall  courts  should 
have  the  jurisdiction.  And  so  themselves,  by 
their  extraordinary  dealing,  are  the  cause  of 
such  extraordinary  charges,  and  not  the  law? 
for  their  proceedings  iu  such  case  are  corah 
non  judicc.  And  the  kings  courts  that  may 
award  prohibitions,  being  informed  either  by 
the  parties  themselves,  or  by  any  stranger,  that 
any  court  temporall  or  ecclesiasticall  doth  hold 
plea  of  that,  whereof  they  have  not  jurisdiction, 
may  lawfully  prohibit  the  same,  as  well  after 
judgement  and  execution,  as  before. 

•J.  Prohibitions  unduly  awarded  heretofore 
in  all  causes  almost  of  ccclesiasticall  cog- 
nizance. 

Oljcctim.  Whereas  it  will  be  confessed, 
that  cause*  concerning  testaments,  matrimony, 
benefices,  churches,  and  divine  service,  with 
many  orVences  against  the  1,  2,  3,  4,  5,  7,  9, 
and  10  coiumandemeuts,  arc  by  the  lawes  of 
this  reuhn  of  ccclesiasticall  cognizance,  yet 
there  aic  few  of  them,  wherein  sundry  prohi- 
bitions have  not  been  granted,  and  that  more 
ordinarily  of  latter  times,  then  ever  heretofore, 
not  because  we  that  arc  ecclesiasticall  judges 
doe  give  greater  cause  of  such  granting  of  them, 
then  before  have  been  g'nen,  but  for  that  the 
humour  of  the  time  is  growne  to  be  too  eager 
against  ail  ccclesiasticall  jurisdiction.  For 
whereas,  iov  examples  sake,  during  the  raigne 
of  the  late  cjueen  of  worthy  memory,  there 
have  lieeii  48*1  prohibitions,  and  since  his  ma- 
jesties time  8-2  sent  into  the  com  t  of  the  arches; 
we  humbly  desire  your  lordships,  that  the 
judges  may  be  urged  to  hiing  forth  one  prohi- 
bition often,  nay  the  twentieth  prohibition  of 
ail  the  said  48S,  and  but  2  of  the  said  82, 
which  upon  due  considerations  with  the  libels 
in  the  ccclesiasticall  court,  they  shall  he  able 
to  justitic  to  have  been  rightly  awarded  :  we 
suppose  they  cannot ;  our  predecessors,  and 
we  our  sehes  have  ever  been  so  cartfull  not  to 
exceed  the  cotnpnsse  and  limit*  of  the  ccclesi- 
asticall jurisdiction  :  which  if  thev  shall  refuse 
to  attempt,  or  shall  not  he  able  to  perfonne, 
then  we  refene  our  stives  to  your  lordships 
wisdomes,  whether  we  have  not  just,  cause  to 
complaine,  and  crave  restraint  of  this  over 
lavish  grain ina  of  prohibitions  iu  every  cause 
without  respect.  That  which  we  have  said  of 
the  prohibitions  in  the  court  of  the  arches,  we 
verily  pcrswade  our  selves  may  be  truly  affirm- 
ed of  all  the  ecclesiasticall  courts  in  England, 


137] 


STATE  TRIALS,  3  James  I.  \GQ3.—Articuli  Cleri. 


[13* 


which  doth  so  much  the  more  aggravate  this 
abuse. 

Annetr.     It  had  been  fit  they  should  have  set 
dowue  some  particular  cases,  in  which  they  Hod 
the  ecciesiasticall  courts  injured  by  the  tempo- 
nil  (its  their  lordships  did  order)  unto  which 
we  would  have  given  a  particular  answer;  but 
spon  these  generalities  nothing  but  clamour  can 
be  concluded.     And  where  tbey  speake  of  mul- 
titude^ of  Prohibitions ;  tor  all  grunted  to,  or  in 
respect  of  any  ecciesiasticall  court,  we  have 
Heretofore  caused  diligent  search  to  be  made  in 
in  kings  bench  and  common  pleas,  from  the 
beginning  of  his  majesties  raigne,  unto  the  end 
0!  Hilary  term,  in  the  third  yeare  of  his  raigne; 
in  which  time  we  find,  that  there  were  granted 
unto  all  the  ecciesiasticall  courts  in  England 
out  of  the  kings  bench  but  (251 ;  whereof  14$, 
were  de  modo  decimandi,  upon  unity  of  posses- 
lion,  for  trees  of  SO  yenres  growth  and  upwards, 
tad  for  barren  and  heath  ground  ;  and  all  out 
of  the  common  pleas,  but  62,  whereof  3 1  were 
wrh  as  before,  and  the  rest  grounded  upon  the 
bounds  of  parishes,  or  such  other  causes  as  they 
taoht  to  be  granted  for;  but  for  that  which  was 
done  in  the  late  queenes  time,  it  would  be  too 
lor*  a  search  for  us  to  make,  to  deliver  any  cer- 
tainty thereof.      And   for  his  majesties  time, 
U4T  requiring  to  have  but  two  to  be  lawfully 
wvraiited  upon  the  libell  in  the  ecclesiastical! 
oart,  we   have  six   to  shew  to   he  lawfully 
warranted  upon  tlte  libell  there,  and  so  are  nil 
tue  rest  of  like  kind,  by  which  it  will  appeare, 
tut  this  suggestion  is  not  onely  untrue,  hut 
wo,  that  the  extraordinary  charges  growing 
Liito  poore  men,  are  of  necessity  by  meanes  of 
thi  undue  practices  of  ecciesiasticall  courts. 

5.  The  multiplying  of  Prohibitions  in  one  and 
the  same  cause,  the  libell  being  not  altered . 

Objection.  Although  it  hath  been  anciently 
irdaioed  by  a  statute,  that  when  a  consultation 
d  once  duly  granted  upon  a  prohibition  made 
u  the  judge  of  holy  chnrch,  the  same  judge 
*av  proceed  in  the  cause,  by  vertue  of  that 
CMMiitalion,  notwithstanding  any  other  prnhi- 
t  Lja  to  him  delivered,  provided  that  the  mat- 
te jd  i  ho  libell  of  the  same  cause  he  not  en- 
piwd,  enlarged,  or  otherwise  changed;  yet 
>'t»it!i*tandiug  prohibitions  and  consultations 
m  one  and  the  same  cause,  the  libell  being  no 
•  lies  altered  according  to  tho  said  statute,  are 
otcly  so  multiplyed,  as  that  in  some  one  cans*', 
%t  aforesaid,  two,  in  some  three,  in  some  other 
M  prohibitions,  and  so  many  consultations  have 
Utn  awarded,  yea  divers  urc  so  grnntid  out  of 
ftne  curt:  aj>  for  example,  when  after  long  suit 
i  consultation  is  obtained,  it  is  thought  a  sufii- 
rent  cau«e  to  send  out  another  prohibition  in 
revocation  of  the  said  consultation,  upon  sii£- 
P*ti-*n  therein  contained,  that  the  said  consnl- 
ttiiim  minu*  commode  emtmavit.  By  which 
ynxiy  device  the  judges  of  thoee  courts  which 
Paot  prohibitions,  may',  notwithstanding  the 
*A  stafuie,  upon  one  "libell  not  altered,  grant 
to  rnany  prohibitions  as  they  list,  commanding 
■«  ecciesiasticall  judges  in  his  majesties  name, 


not  to  proceed  in  any  cause  that  is  so  divers 
times  by  them  prohibited,  whereby  the  poore 
pluiutifes  doe  not  know  when  their  consulta- 
tions (procured  with  great  charge}  will  hold,  and 
so  finding  such  and  so  many  difficulties,  are 
driven  to  goe  home  in  great  griefe,  and  to  leave 
the  causes  in  Westminster-hull,  the  ecciesiasti- 
call judges  not  daring  to  hold  any  plea  of  them. 
Now  may  it  please  your  lordships,  the  premisses 
being  true,  we  humbly  desire  to  heare  what  the 
judges  are  able  to  produce  for  the  justifying  of 
these  their  proceedings. 

Answer.  It  were  fit  they  should  set  downe 
particular  causes,  whereupon  this  grievance  is 
grounded,  and  then  we  doubt  not  but  to  answer 
it  sufficiently,  without  using  any  pretty  device, 
such  as  is  set  downc  in  this  article. 

6.  The  multiplying  of  Prohibitions  in  divers 
causes,  but  of  the  same  nature,  after  con- 
sultations formerly  awarded. 

Objection.  We  suppose,  that  as  well  his  majes- 
ty's ecciesiasticall  jurisdiction,  as  also  very  many 
of  his  poore,  but  dtitifnll  subject*,  are  greatly 
prejudiced  by  the  granting  of  divi-rsscverall  pro- 
hibit ions,  and  consultation*  in  causes  of  one  and 
the  same  nature  and  condition,  aud  upon  the 
selfe  samV  suggestions:  for  example,  in  case  of 
beating  a  -clerke,  the  prohibition  being  granted 
upon  this  suggestion,  that  all  pleas  dc  vi  ct  ar- 
mis  belong  to  the  crowne,  tkc.  notwithstanding 
a  consultation  doth  thereupon  ensue,  yet  the 
very  next  day  after,  if  the  like  suggestion  be 
nude  upon  the  beating  of  another  cierkc,  even 
in  the  same  court  another  prohibition  is  award- 
ed. As  also,  whei  e  570  prohibitions  have  been 
granted  since  the  late  queenes  time  into  the 
court  of  arches  (as  before  is  mentioned)  and 
but  113  consultations  afterwards  upon  so  many 
of  thein  obtained  :  yet  it  is  evident  by  the  said 
consultations,  that  (in  effect)  all  the  rest  of  the 
said  prohibitions  ouirht  not  to  have  been  award- 
ed, as  being  grounded  upon  the  same  sugges- 
tions, whereupon  consultations  have  been  for- 
merly granted:  and  so  it  followeth,  that  the 
causes  why  consultations  were  awarded  upon 
the  rest  of  the  baid  prohibitions,  were  for  that 
either  the  plaint  ifes  in  the  court  ecciesiasticall 
were  driven  for  sax  iug  of  further  charge,  to  com- 
pound, to  their  lo*sc,  with  their  adversaries,  or 
were  not  able  to  sue  for  them :  or  being  able,  yet 
through  strength  of  opposition  against  them, 
were  con-trained  to  desist;  which  i»  an  argu- 
ment to  us,  that  the  temporall  judges  doe  wit- 
tingly und  wiiiincly  grant  prohibitions,  where- 
upon they  know,  before  hand,  that  consult  at  ions 
are  due:  and  if  wo  mistake  any  thing  in  the 
premises,  we  des-ire  your  lordships,  that  the 
judircs,  for  the  justification  of  their  courses,  may 
better  enformc  u*. 

Answer.  It  shall  be  jjood,  the  ecclesiastical 
judges  doe  better  enfornu*  themselves,  and  that 
thev  put  some  one  or  two  particular  rases  to  prove 
their  Mi«:gcstions,  and  thereupon  they  will  find 
their  owne  crrour;  for  the  case-  may  be  so,  that 
two  >everall  ministers  siting  in  the  ecciesiasticall 
court  for  beatini:  oi  them  in  one  and  the  selfe 


139] 


STATE  TRIALS,  3  James  L  1 G03.— ArticuH  Cleri. 


1144) 


same  forme,  that  the  one  may  and  ought  to 
have  a  consultation,  and  the  other  not.  And 
so  it  is  in  cases  of  prohibitions,  de  modo  deci- 
tnandi ;  and  hereof  groweth  the  oversight  in 
making  this  objection.  And  we  assure  our 
selves,  that  they  shall  not  find  570  prohibitions 
granted  into  the  arches  since  her  late  majesties 
death;  for  we  find  (if  our  clerkes  affirme  truly 
upon  their  search)  that  out  of  the  kings  bench 
have  been  granted  to  all  the  ecclesiasticall  courts 
in  England  but  251  prohibitions  (as  before  is 
mentioned)  from  the  beginning  of  his  majesties 
raigne,  unto  the  end  of  Hilary  termelast;  and 
out  of  the  common  pleas  not  63.  And  therefore 
it  cannot  be  true,  that  so  many  have  passed  to 
the  arches  in  that  time,  .as  is  set  downe  in  the 
article ;  and  this  article  in  that  point  doth  ex- 
reed  that  which  is  set  downe  in  the  fourth  arti- 
cle by  almost  500,  and  therefore  whosoever  set 
this  downe,  was  much  forget  full  of  that  which 
was  before  set  downe  in  the  fourth  article,  and 
might  well  have  forborne  to  lay  so  great  a  scan- 
dull  upon  the  judges,  as  to  affirme  it  to  be  a 
witting  and  willing  crrour  in  them,  as  is  set 
downe  in  this  article. 

7.    Xew  formes  of  Consultations,  not  ex- 
pressing the  cause  oi  the  granting  of  them. 

Objection.  Whereas  upon  the  granting  of 
Consultations,  the  judges  in  times  pa>t  did 
therein  expresse  and  acknowledge  the  causes  so 
remitted  to  be  of  ecclesiasticall  cognizance, 
which  were  presidents  and  judgements  for  the 
better  assurance  of  ecclesiasticall  judges,  that 
they  might  afterward  hold  plea  in  such  cases, 
and  the  like ;  and  were  also  some  barre  as  well 
to  the  tcinporall  judges  themselves,  as  also  to 
many  troublesome  and  contentious  persons  from 
either  granting  or  seeking  prohibitions  in  such 
cases,  when  so  it  did  appeare  unto  them  upon 
record,  that  consultations  had  been  formerly 
granted  in  them ;  they  the  said  temporall  judges 
have  now  altered  that  course,  and  doc  ouely 
tell  us,  that  they  grant  their  consultations  certis 
de  can  sis  ipxos  apud  Westm*  wovcnlihus,  not  ex- 
pressing the  same  particularly,  according  to 
their  ancient  presidents.  Hy  monies  whereof 
the  temporall  jud^c^  leave  themselves  at  liberty 
without  prejudice,  though  they  deny  a  consul- 
tation ;  at  another  time  upon  the  same  matter 
contentious  persons  are  animated,  finding  no 
cause  expressed,  why  they  may  not  at  another 
time  sccke  for  a  prohibition  in  the  same  cause; 
and  the  ecclesiasticall  judges  are  left  at  large  to 
thinkc  what  they  list,  being  no  way  institictcd 
of  the  nature  of  the  cause  which  procured  the 
consultation  :  the  reason  of  which  alteration  in 
such  consultations, w  e  humbly  intreat  your  lord- 
ships, that  the  judges,  for  our  better  instruction, 
may  be  required  to  exprc&sc. 

Answer.  If  we  find  the  declaration  upon  the 
Mirmi«c,  upon  which  the  prohibition  is  granted, 
not  to  warrant  the  surmise,  then  we  forthwith 
grant  u  consultation  in  that  forme  which  is  men- 
tioned, and  that  matter  being  mentioned  in  the 
consultation  would  lie  very  long  and  cumber- 
some, mid  give  the  ecclesiasticall  court  little  in- 


formation, to  direct  them  in  any  thing  there- 
after ;  and  therefore  in  such  cases,  for  brevity 
sake,  it  is  usuall :  but  when  the  matter  is  to  re- 
ceive end  by  demurrer  in  law,  or  tryall,  the 
con  Mil  tat  ion  is  iu  another  forme.  And  it  is 
their  ignorance  in  the  arches,  that  will  not  un- 
derstand this,  and  we  may  not  supply  their 
delects  with  changing  our  formes  of  proceed- 
ings, wherein  if  they  would  take  the  advice  of 
any  learned  in  the  lawes,  they  might  soon  re- 
ceive satisfaction. 

8.   That  Consultations  may  "be  obtainpd  with 
lesse  charge  and  difficulty. 

Objection.  The  great  expences  and  manifold 
difficulties  in  obtaining  of  Consultations  are  be- 
come very  burtheusome  to  those  that  seeke  for 
them  ;  for  now  a  dayes,  through  the  malice  of 
the  plaintifes  in  the  temporall  courts,  and  the 
covetous  humours  of  the  clerkes,  Prohibitions 
are  so  extended  and  enlarged,  without  any  ne- 
cessity of  the  matter  (some  one  prohibition  con- 
taining more  words  and  lines  then  forty  prohi- 
bitions in  ancient  times)  as  by  meanes  tliereof 
the  party  iu  the  ecclesiasticall  court,  against 
whom  the  prohibition  is  granted,  becomes  either 
unwilling,  or  unable  to  sue  for  a  consultation,  it 
beins  now  usuall  and  ordinary,  that  in  the  con- 
sultations  must  be  recited  in  eadc/n  verba"  the 
whole  tenour  of  the  prohibition,  be  it  never  so 
long  ;  for  the  which  (to  omit  divers  other  fees, 
which  are  very  great)  he  must  pay  for  a  draught 
of  it  in  paper  viii.  d.  the  sheet,  and  for  the  entry 
of  it  xii.  d.  the  sheet.  Furthermore,  the  Prohi- 
bition is  quicke  and  speedy;  for  it  is  ordinarily 
granted  out  of  court  by  any  one  of  the  judges 
in  his  chamber,  whereas  the  Consultation  is  very 
slowly  and  hardly  obtained,  not  without  (often- 
times) costly  motions  in  open  court,  pleadings, 
demurrers,  and  sundry  judiciall  hearings  of  both 
parties,  and  long  attendance  for  the  space  of 
two  or  three,  nay,  sometimes  of  eight  or  nine 
yeaivs  before  it  be  obtained.  The  inconve- 
nience of  which  proceedings  is  so  intolerable, 
as  we  trust,  such  as  are  to  grant  consultations 
will  by  your  lordships  meanes  not  onely  doe 
it  expeditely,  and  moderate  the  said  fees;  but 
also  re  forme -the  length  of  the  said  consulta- 
tions, according  to  the  formes  of  consultations 
in  the  Register. 

Answer.  It  were  fit  tlie  particular  cause  were 
set  dowue,  whereupon  the  geucruil  grievance, 
that  is  mentioned  in  this  article,  is  grounded  ; 
and  that  done,  it  may  hat  en  full  answer:  for  a 
Prohibition  is  grounded  upon  the  libcll,  and  the 
Consultation  must  ngiee  therewith  also;  and 
therefore  we  doubt  not,  but  the  ground  of  this 
grievance,  when  it.  is  well  looked  into,  will  grow 
from  themselves  in  interlacing  of  much  nuga- 
tory and  unnecessary  matter  in  their  liheils :  and 
for  the  tees  taken;  wee  assure  our  selves,  none 
are  taken,  but  such  as  are  anciently  due  and 
accustomed  ;  and  it  will  appiure,  that  we  have 
abridged  the  fees,  unit  length  of  pleadings,  and 
use  no  dehtyes,  but  such  as  are  of  necessity,  and 
we  wish  they  would  doe  the  like,  and  upon  ex- 
amination it  will  appeare  of  %i  Inch  side  it  gnmci. 


141] 


STATE  TRIALS,  5  James  I.  1605.— Artiadi  Oeri. 


[142 


that  the  fees  or  delayes  are  so  intolerable.  And 
where  in  ancient  time  sueh  as  sued  for  tithes, 
would  not  sue  but  for  things  questionable, 
and  oever  sought  at  their  parishioners  hands 
their  tithes  in  other  kinds  then  anciently  they 
had  been  used  to  Ijave  been  paid  ;  now  many 
turbulent  ministers  do  infinitely  vexe  their  pa- 
rishioners for  such  kinds  of  tithes  as  they  never 
had,  whereby  many  parishes  have  been  much 
impoverished  :  and  for  example,  we  shall  shew 
one  record,  wherein  the  minister  did  demand 
seventeen  severall  kinds  of  tithes,  whereupon 
the  partie  suing  a  prohibition  had  eight  or  nine 
of  them  adjudged  against  the  minister  upon  de- 
nurrer  in  law,  and  other  passed  against  him  by 
tryall,  and  this  must  of  necessity  grow  to  a  mat- 
ter of  great  charge ;  but  where  is  the  fault,  but 
io  the  minister  that  gave  occasion  ?  and  we  will 
shew  one  other  record,  wherein  tlie  party  con- 
fessed to  some  of  us,  that  bee  was  to  sue  his  pa- 
rishioner but  for  a  calfc  and  a  goose ;  and  that 
has  proctor  neverthelesse  put  in  the  libeli  or  de- 
mand of  tithes,  of  seven  or  eight  things  more 
then  be  bad  cause  to  sue  for :  this  enlarged  the 
Prohibition,  and  gave  occasion  of  more  expence 
then  needed ;  and  where  is  the  fault  of  this,,  but 
in  the  ecclesiasticall  courts?  and  as  in  these,  so 
can  wee  approve  in  many  others;  and  there- 
fore wee  must  retort  the  cause  and  ground  of 
this  grievance  upon  themselves,  as  more  parti- 
cularly may  appeare  by  the  severall  presidents 
to  be  shewed  in  this  behalfe. 

9.  Prohibitions  not  to  be  granted  upon  fri- 
volous suggestions. 

Objection*  it  is  a  prejudice  and  derision  to 
both  his  majesties  ecclesiastical  and  temporal 
jurisdictions,  that  many  prohibitions  are  grunted 
upon  trifling  and  frivolous  suggestions,  altogether 
tnworthv  to  proceed  from  the  one,  or  to  give 
soy  hinderance  or  interruption  to  the  other: 
ts  upon  a  suit  of  tithes  brought  by  a  minister 
against  his, parishioner,  a  Prohibition  flyeth  out 
upon  suggestion,  that  in  regard  of  a  special 
receipt,  called  a  cup  of  buttered  beare,  made 
by  the  great  skill  oi  the  said  parishioner  to  cure 
a  grievous  disease  called  a  cold,  which  sorely 
toebled  the  said  minister,  all  his  tithes  were 
discharged.  And  likewise  a  woman  being  con- 
vented  for  adultery  committed  with  one  that 
suspiciously  resorted  to  her  house  in  the  night 
limey  the  suggestion  of  a  Prohibition  in  this 
esse  was,  that  (  omnia  placita  de  nocturnis 
*  ambulation! bus'  belong  to  the  king,  &c.  Also 
where  a  legatary  sued  for  his  legacy  given  in  a 
watt,  the  prohibition  was,  *  Quia  omnia  placita 
'de  doms  et  consessionibus  spectant  ad  forum 
(regiura,  et  non  ad  forum  eecicsiasticum,  dum- 
'modo  non  sint  de  testamento  et  matrimonio;' 
is  if  a  legacy  were  not  donatio  de  or  in  testa- 
mtmo,  with  many  other  of  like  sort.  The  re- 
formation of  all  which  frivolous  proceedings, 
so  chargeable  notwithstanding  to  many  poore 
Ben,  and  the  great  hind  em  nee  of  justice,  we 
humbly  referre  to  your  lordships  consideration. 

Anucer.  We  grant  none  upon  frivolous 
ug&estions,  but  for  the  case  put,  it  i$  ridicul-ais 


in  the  minister  to  make  such  a  contract  (if  any 
such  were)  but  that  maketh  not  the  contract* 
void,  but  discovereth  the  unworthiness  of  the 
party  that  made  the  same,  and  yet  no  fault  in 
granting  the  prohibition ;  but  when  it  shall  ap- 
peare unto  us,  that  such  a  matter  is  suggested 
by  fraud  of  any  elerke  or  couuceller  at  law,  we 
will  not  remit  such  offences,  but  will  exclude 
such  attorney  from  the  court,  and  such  coun- 
ccllers  from  their  practice  at  the  barre.  And 
if  they  will  suggest  adultery  to  one,  against 
whom  they  prove  but  night  walking,  and  doe 
adjudge  him  for  it,  we  are  in  such  a  case  to 
prohibite  their  proceedings:  for  that  is  a  mat- 
ter meerly  pertinent  to  the  temporall  court ;  so, 
if  it  appeare  hee  hath  eutred  the  house  as  a 
tluefe,  or  a  burglarer,  and  so  in  many  other 
cases  also.  And  if  any  surmise  a  legacy  from 
the  dead,  where  it  was  but  a  promise  or  pay- 
ment in  his  life  time,  in  that  case  such  a  suit  is 
to  be  prohibited :  but  if  in  these  cases  the  par* 
ties  were  named,  then  we  might  see  the  record, 
and  thereupon  be  directed  to  shew  upon  what 
consideration  these  prohibitions  were  granted, 
otherwise  we  shall  think  that  these  are  cases 
newly  invented. 

10.     No  Prohibition  to  be  granted  at  his 
suit,  who  is  plaintife  in  the  spirituall  court. 

Objection.  We  suppose  it  to  be  no  war- 
rantable nor  reasonable  course,  that  prohibi- 
tions are  granted  at  the  suit  of  the  plaintife  in 
the  ecclesiasticall  court,  who  having  made 
choice  thereof,  and  brought  his  adversary  there 
into  tryall,  doth  by  all  intendment  of  law  and 
reason,  and  by  the  usage  of  all  other  judiciall 
places  conclude  himself  in  that  behalfe ;  and 
although  he  cannot  be  presumed  to  hope  for 
hclpe  in  any  other  court  by  way  of  prohibition, 
yet  it  is  very  usuall  for  every  such  person  so 
proceeding  onely  of  meere  malice  for  vexation 
of  the  party,  and  to  the  great  delay  and  hinder- 
ance of  justice,  to  find  favour  for  the  obtaining 
of  prohibitions,  sometimes  after  two  or  three 
sentences,  thereby  taking  advantage  (as  he 
must  plead)  of  liis  owne  wrong,  and  receiving 
aide  from  that  court,  which  by  his  owne  con- 
fession, he  before  did  conteinne;  touching  the 
equity  whereof,  we  will  expect  the  answer  of 
the  judges. 

Ansucr.  None  may  pursue  in  the  ecclesi- 
asticall court  for  that  which  the  kings  courts 
ought  to  hold  plea  of,  but  upon  information 
thereof  given  to  the  king's  courts,  either  by  the 
plaintife,  or  by  any  meere  stranger,  they  are  to 
be  prohibited,  because  they  deale  in  that  which 
appertained  not  to  then*  jurisdiction,  where  if 
they  would  be  care  full  not  to  hold  plea  of  that 
winch  appertained  not  to  them,  this  needed 
not :  and  if  they  will  proceed  in  the  kings 
courts  against  such  as  pursue  in  the  ecclesias- 
ticall courts  for  matter  temporall,  that  is  to  be 
inflicted  upon  them,  which  the  quality  of  their 
offence  requireth;  and  how  many  sentences 
howsoever  are  given,  yet  prohibitions  there- 
upon are  not  of  favour,  but  of  justice  to  be 
granted. 


I  W] 


STATE  TRIALS,  3  James  I.  1 605.— ArticuU  Clcri. 


[1U 


1 1 .     No  Prohibition  to  be  granted,  but  upon 
due  consideration  of  the  libell. 

Objection.  It  is  (we  are  persuaded)  a  great 
abu*»e,  and  one  or'  (he  chiefe  grounds  of  the 
ino>t  of  the  former  abuses,  and  many  other, 
that  prohibitions  arc  granted  without  sight  of 
the  libell  in  the  ecclesiastical!  court;  yea, 
sometime*  before  the  libell  be  there  exhibited, 
whereas  by  the  I  awes  and  statutes  of  this  realiuc 
(as  we  thinke)  the  hhcll  (being  a  bricfe  declara- 
tion of  the  matter  in  debate  bctweeue  the 
plaintiie  and  defendant)  is  appointed  us  the 
only  rule  and  direction  for  the  due  granting  of 
a  prohibition,  the  reason  whereof  is  evident, 


pleasure  draw  any  cause  whatsoever  from  the 
ecclesiastical  I  court:  for  example,  many  prohi- 
bit uns  have  lately  come  forth  upon  this  sugges- 
tion, that  the  lawes  ecclesiastical!  do  require 
two  witness",  win- re  the  common  law  accept*  tu 
of  one;  and  therefore  it  i*  contra  It  gem  term, 
for  the  ecclesiastical  1  judge  to  insist  upon  two 
witnesses  to  prove  bis  cau«e  :  upon  which  *ug- 
j:  est  ion,  although  many  consultations  have  been 
granted  (the  same  being  no  way  as  yet  able  to 
warrant  and  maintaiuu  a  prohibition)  yet  be- 
cause \te  are  not  sure,  but  that  either  by  rea- 
son of  the  use  of  it,  or  of  some  future  construc- 
tion, it  may  have  given  to  it  more  strength  then 
is  convenient,  the  same  tending  to  the  utter 


viz.  upon  diligent  consideration  of  the  libell  it,  ,  ..    ,,        ,-,...,.. 

will  easily  uppeare,  « hether  the  cause  belong  I  overthrow  u  all  ecclesiastical!  jurisdiction  we 
to  the  temporall  or  eccloiasticall  cognizance,  j  mtts\  ,,mnblJ  desire,  that  bv  vo,,r  to"W»«P" 
as  on  the  other  side  without  sight  of  the  libell,  i  "O0<l  m™™*>  &t  sai^  »™y  be  ordered  to  be 
the  prohibition    must  needs  nm«j;e  and  roave  •  no  more  U!*cd. 

with  strange  and  forraignc  suctions  at  the  A**™r.  It  the  question  he  upon  payment, 
will  and  pkasure  of  the  devisor, 'nothing  perti-  or  SL'UlnS  out  OI  llt,,cs>  or  uPon  the  Pro,itc  ot'» 
nent  to  the  matter  in  demand  :  whereupon  it  !  lc-llc>"\  or  »»:irr,a:4y,  "r  audi  like  incidence,  we 

t  when  the  judge  eccle-ias-  '  iir4?  to  ,euie  lt  to  tlUi  trya!l  oi  lheir  law»  though 


cometh  to  passe,  that 


ticallis  handling  a  matter  of  »'.moiiv,  si  prohi-  i  l!,c  P»rty  have  but  onewitnesse;    but  where 

a  sujjc^tiol^  that  the  '  l.     nKlUer  ,s  imt  determinable  in  the  ecclts 


bitkm  is  grounded  upon 

eouit  tryeth  *  placita  de  advocaiionibus  cccle- 
'  siarum,  et  de  jure  patronatu*.'  And  when 
the  libell  containeth  nothing  but  the  demand  of 
tithe  wool),  and  lamb,  the  prohibition  surmiseih 
a  custome  of  paying  of  tithe  pigeons.  .So  that 
if  it  may  be  made  a  matter  of  conscience  to 
grant  prohibitions  only,  where  they  doe  rightly 


sias- 


ticail  enm-r,  there  lyeth  a  prohibition  cither 
upon,  or  without  such  a  surmise. 


1° 


o. 


No  good  suggestion  for  a  Prohibition, 
that  the  cause  is  neither  testamentary,  nor 
matrimoniull. 

Oljiction.      As  the  former  device  last  men- 


iii  the  ecclesia^ticall  court,  before  nnv  prohibi-  i  lwokil,d  of  causes  to  deale  in,  %i/..  testamentary, 

'  r  ;  and  matnmomall  :    and  this   device  iusultcth 


tion  be  granted. 


mightily  in  many  prohibitions,  commanding  the 

be  the  cause  never  so 
il  cognisance,  yet  bee 


Answer.     Who  hatli  an  ndvow>on  granted  to     ""P««»J  "»  »  "»>'  promtmi 
him  for  money,   beim:  sued   for  simonv,  shall  '  ^dLsUtoticalljiwlge,  that  1 
hive   a  Prohibition  ;' and   it  i*  manifest,  that  !  "I'pawnUy  oi  ercle»mstic:;. 
though  in  the  libell  there  appeare  no  matter  to  '  "lj|1  ="lll<*"se;    ^  »««*  .'*  "w:hcr  a  cause  tes- 
grant  a  prohibition,  yet  upon  a  collateral  sur-  i  tament.iry,  nor  matnmomall:  which  suggestion, 
mise  the  prohibition  is  to  be  granted  :  as  where     a*  lt  S'ew  at  *,,e  !irs,1  uPou  mI^aking,  and  oum- 


one  is  sued  in  a  spirituall  court  for  tithes  of 
sitva  cadttdj  the  paity  may  ?ugge$r,  that  thev 
were  grosse  or  grerit  tree*,  and  have  a  prohibi- 
tion, yet  no  such  matter  appcareth  in  the  Hhcll. 
$')  if  one  bee  sued  there  lor  violent  hand-*  hii<i 
on  a  minister  by  an  osti'.er,  as  a  constable,  hec 
Wing  s>ued  there  may  biiggcst,  that  the  plaiutife 
made  an  affray  upon  another,  and  he  to  pre- 
serve the  peace  laid  h:md.>  on  him,  and  so  ha\e 
a  prohibition.  And  so  in  very  many  other  like 
cases,  and  yet  upon  the  libell  no  matter  ap- 
penreth  why  a  prohibition  should  be  granted  : 
uml  they  will  nevir  shew,  that  a  custome  to  pay 
pigeons  was  allowed  to  discharge  the  payment 
of  woi'll,  lnmb,  or  such  like. 


XT      ./,...  .  ".  ,        ,      !  tisrit<i.  that  we  prohibit  not  so  gem  rail  v  as  th 

12.     i\o   Iruhibition  to  be  granted  under;  pretend,  nor  «ioe  in  anv  wise  deale  further  th 

pretence,  that  one  witnesse  cannot  be  re-  I  we  oUL|lt  to  <i(ll.f  ,0  tli*.  prejudice  of  that  whi 

ceivedm  the  ecclesiastical  1  court,  to  ground  apnirittincth   to   that   jurisdiction;    tut  wh 


a  judgment  upon. 

Objection:  There  is  a  new  devised  suggestion 
in  the  temporall  courts  commonly  received  anil 
allowed,  whereby  they  may  at  their  will  and 


tin^r,  the  words,  dc  bonis  et  cutfillis,  Ac  as  may 
uppeare  by  divers  anrieut  prohibitions  in  the 
Kegister;  so  it  will  not  be  denied,  but  that,  be- 
sides those  two,  divers  and  sundry  other  causes 
are  notoriously  knowne  to  be  of  ecclesiasticall 
cognizance, and  that  <  onniltations  areas bfiially 
awarded,  if  suit  in  that  behalfe  be  prosecuted, 
notwithstanding  the  said  suggestion,  as  ihcir 
prohibition*  are  easily  grantid  ;  which,  ns  an 
injury,  marching  with  the  rv<  to  wound  poore 
men,  protract  suits  and  prejudice  the  courts 
ecclL»iasticail,  wc  desire  that  the  judges  will  be 
pleaded  to  red  rose. 

Au%u(r,  If  they  observe  well  the  answer  to 
the  former  objections,  thev  mav  be  there!) v  sa» 
tislitc.  tlr.it  hc  prohibit,  not  so  generally  as  they 

hen 
lich 
hen 
they  will  dealc  with  mailers  or  temporall  con* 
tracts,  coloured  with  pretended  ccclusiasticall 
matter,  wee  ought  to  prohibit  them  with  that 
tonne  of  prohibitions,  mentioning,  that  it  con- 


145] 


STATE  TRIALS,  3  James  I.  1005.— Ariiadi  ClerL 


[146 


ceroeth  not  matter  of  marriage,  nor  testament- 
ary:   and   they  shall  not  find  that  we  have 
granted  any,  but  by  form  warranted,  both  by 
the  Register,  and  by  law :  And  when  sugges- 
tions, carrying  matter  sufficient,  appeare  to  us 
judicially  to  be  untrue  and  insufficient,  we  are 
as  ready  to  grant  consultations  as  prohibitions  • 
and  we  may  not  alter  the  forme  of  our  prohi- 
bitions  upon   the    conceits    of  ecclesiastical! 
judges,  and  prohibitions  granted  in  tiie  forme 
«t  downe  in  the  article,  are  of  that  forme  which 
\n  law  they  ought  to  be,  and  cannot  be  altered 
lot  by  parliament. 

14.  No  Prohibition  upon  surmise  onely  to 
be  granted,  either  out  of  the  kings  bench, 
or  common  pleas,  but  out  of  the  chancery 
onely. 

Objection,     Amongst  the  causes  whereby  the 
ecclesiastical  I  jurisdiction    is  oppressed'  with 
multitude  of  prohibitions  upon  surmises  onely, 
this  hath  a  chiefe  place,  in  that  through  incroach- 
ment  (as  wte  suppose)  there  are  so  many  seve- 
rall  courts,  and  judges  in  them,  that  take  upon 
them  to  grant  the  same,  as  in  the  kings  bencMi 
fire,  and  in  tlie  common  pleas  as  many,  the  one 
court  oftentimes  crossing  the  proceedings  of  the 
uther,  whereas  wee  are  perswaded,  that  all  such 
kinds  of    prohibitions,   being  originall   writs, 
ought  onely  to  issue  out  of  the  chancery,  and 
neither  out  of  the  kings  bench,  nor  common 
pleas.      And  that  this  hath  been  the  ancient 
practice  in  that  behalfe,  appeareth  by  some 
statutes  of  the  reakne,  and  sundry  judgements 
at  the  common  law ;    the  renewing  of  which 
practice  carrietb  with  it  an  apparent  shew  of 
great  benefit  and  conveniency,  both  to    the 
church,  and  to  the  subject :  for  if  prohibitions 
were  to  issue  onely  out  of  one  court,  and  from 
one  man  of  ?  uch  integrity,  judgement,  sincerity, 
and  wisedom,  as  we  are  to  imagine  the  lord 
caaacellour  of  England  to  be  endued  with,  it  is 
aot  likely,  that  he  would  ever  be  induced  to  pre- 
judice and  pester  the  ecclesiasticall  courts  with 
»s*aoy  needlesse  prohibitions;  or,  after  a  con- 
wkation,  to  send  out  in  one  cause,  and  upon 
sit  and  the  same  libell  not  altered,  prohibition 
assa  prohibition,  his  owne  act  remaining  upon 
record  before  bim  to  the  contrary.      The  fur- 
tier  consideration  whereof,  when,  upon  the 
jatges  answer  thereunto,  it  shall  be  more  tho- 
roughly debated,  wee  must  referre  to  your  lord- 
ships honourable  direction  and  wisdome. 

Ammer.  A  strange  presumption  in  the  ec- 
detiasticall  judges,  to  require  that  the  kings 
courts  should  not  doe  that  which  by  law  they 
ought  to  doe,  and  alwayes  have  done,  and  which 
by  oath  they  are  bound  to  doe !  and  if  this 
shall  be  holden  inconvenient,  and  they  can  in 
discharge  of  us  obtaine  some  act  of  parliament 
to  take  it  from  all  other  courts  then  the  chan- 
cery, they  shall  doe  unto  us  a  great  ease  :  but 
the  Law  of  the  realme  cannot  be  changed,  but 
by  parliament :  and  what  reliefe  or  ease  such 
an  act  may  worke  to  the  subject,  wise  men.  will 
soone  find*  out  and  discerne  :  but  by  these  ar- 
ticles thus  dispersed  abroad,  there  is  a  gene  rail 

VOI~  II. 


unbeseeming  aspersion  of  that  upon  the  judges,  ' 
which  ought  to  have  been  for  born. 

15.  No  Prohibition  to  be  awarded  under  a 
false  pretence,  that  the  ecclesiasticall  judges 
would  hold  no  plea  for  custoines  for  tithes. 

Objection.    Amongst  many  devices,  whereby 
the  cognizance  of  causes  of  tithes  is  drawn  from 
ecclesiasticall  judges,  this  is  one  of  the  chiefest, 
viz.  concerning  the  tryall  of  customes  in  pay- 
ment of  tithes,  that  it  must  be  made  in  a  tem- 
poral! court :    for  upon  a  quirke  and  false  sug- 
gestion in  Edward  the  fourth  his  time,  made  by 
some  sergeants,  a  conceit  hath  risen  (which 
hath  lately  taken  greater  strength  then  before) 
that  ecclesiasticall  judges  will  allow  no  pica  of 
custome  or  prescription,  either  in  non  decimando, 
or  in  modo  decimandi ;    and  thereupon,  when 
contentious  persons  are  sued  in  the  ecclesiasti- 
call court  for  tithes,  and  doe  perceive,  that  upon 
good  proofe  judgement  Will  be  given  against 
them,  even  in  their  owne  pleas,  sometimes  for 
customes,  doe  presently,  knowing  their  own 
strength  with  jurors  in  the  country,  flie  unto 
Westminster  hall,  and  there  suggesting  that  they 
pleaded  custome  for  themselves  in  the  ecclesi- 
asticall courts,  but  could  not  be  heard,  doe 
procure  thence  xery  readily  a  prohibition ;  and 
albeit  the  said  suggestion  be  notoriously  false, 
yet  the  party  prohibited  may  not  bee  permitted 
to  traverse  the  same  in  the  temporall  court,  di- 
rectly contrary  to  a  statute  made  in  that  behalfe : 
neither  may  the  judge  prohibited  proceed  with- 
out danger  of  an  attachment,  though  himselfe 
doe  certainly  know,  either  that  no  such  custome 
was  ever  a  Hedged  before  him,  or  being  alledg- 
ed,  that  he  did  receive  the  same,  and  all  man- 
ner of  proofes  offered  thereupon:  which  course 
seemeth  the  more  strange  unto  us,  because  the 
ground  thereof  laid  in  Edward  the  fourth  his 
time,  as  aforesaid,  was  altogether  untrue,  and 
cannot  with  any  sound  reason  be  maintained  : 
divers  statutes  and  judgements  at  the  common 
law  doe  allow  the  ecclesiasticall  courts  to  hold 
plea  of  such  customes ;    all  our  bookes  and  ge- 
nerall  learning  doe  therewith  concorre,  and  the 
ecclesiasticall  courts,  both  then  and  ever  since, 
even  untill  this  day,  have,  and  still  doe  admit 
the  same,  as  both  by  our  ancient  and  recent 
records  it  doth  and  may  to  any  most  manifestly 
appeare.     And  besides,  there  are  some  consul- 
tations to  bee  shewed  in  this  very  point,  wherein 
the  said  surmise  and  suggestion,  that  the  eccle- 
siasticall judges  will  heare  no  plea  of  customes, 
is  affirmed  to  be  insufficient  inlaw  to  maintaine 
any  such  prohibition  :    and  therefore  we  hope, 
that  if  we  shall  be  able,  notwithstanding  any 
thing  the  judges  shall  answer  thereunto,  to  jus- 
tice the  premisses,  your  lordships  will  be  a 
meanes,  that  the  abuses  herein  complained  of, 
having  so  false  a  ground,  may  be  amended. 

Anftvcr.  The  temporall  courts  have  alwayes 
granted  prohibitions  as  well  in  cases  dc  modo 
decimandi,  as  in  cases  upon  real!  compositions, 
either  in  discharge  of  tithes,  or  the  manner  of 
tithing :  for  that  modus  decimandi  had  his  ori- 
ginall ground  upon  some  composition  in  thr.t 
J- 


U7) 


STATE  TRIALS,  3  James  I.  }605.—Artiwli  Clcri. 


[144 


kinde  made,  and  all  prescriptions  and  compos 
bit  ions  in  these  cases  arc  to  he  tryed  at  the 


oyer- borne,  and  poore  ministers  still  left  unto 
country  tryalls,  there  to  Justine  the  rights  ot* 


common    law,   and   the   ecclesiastic  all    courts    their  tithes    before   unconscionable  jurors   in 


ought  to  be  prohibited,  if  in  these  case*  they 
had  plea  of  tithes  in  kind  :  but  if  they  will  sue 
in  the  ccclesiast  icall  court  de  vwdo  decimandi, 
or  according  to  composition,  then  we  prohibit 
ihoro  not :  and  the  cause  why  the  ecclcsiast icall 
judges  find  fault  herewith,  is  because  many 
ministers  have  arowne  of  late  more  troublesome 
to  their  parishioners,  then  in  times  past ;  and 
thereby  workc  unto  these  courts  more  enmmo- 
dity,  whereas  in  former  ages  they  were  well  con- 
tented to  accept  that  which  was  used  to  be 
paid,  and  not  to  contend  against  any  prescrip- 
tion or  composition ;  but  now  they  grow  so 
troublesome  to  their  neighbours,  us  were  it  not 
for  the  prohibition  (ns  may  appeare  by  the  pre- 
sidents before  remlnnbred)  they  would  soone 
overthrow  nil  prescriptions  mid  compositions 
that  are  for  tithe*,  wrnch  doth  and  would  breed 
such  a  general  I  garboile  amongst  the  people,  ns 
were  to  be  pitied,  and  not  to  he  permitted. 
And  where  thev  sav,  there  bee  many  statutes 
that  take  away  these  proceedings  from  the  tem- 
poral! courts,  they  arc  much  deceived;    end  if 


these  ca?es. 

Ansicer,  The  answer  to  the  former  article 
may  serve  for  this;  and  w here  the  objection 
seeuu  th  to  impeach  the  try  all  at  the  commou 
law  by  jurors,  we  hold,  and  shall  be  able  to  ap- 
prove it  to  be  a  furre  belter  course  for  matter 
of  fact  upon  the  testimonie  of  witnesses, 
sworne  viva  wee,  then  upon  the  conscience  of 
any  one  particular  man,  he  ins;  guided  by  paper 
proofes  ;  and  we  ne\cr  heard  it  excepted  unto 
heretofore,  that  any  statute  should  be  expound- 
ed by  nny  orher  then  the  judges  of  the  iand  ; 
neither  was  there  e\er  nnv  so  much  over-seen, 
as  to  oppose  himsclfe  against  the  practice  of  all 
ag*»s  to  make  that  question,  o?  to  lay  any  such 
unjust  imputation  upon  the  judges  of  the 
reahnc. 

17.  No  Prohibition  to  he  granted,  because 
the  treble  value  of  tithes  is  sued  for  in  the 
ccclttiiisi icall  .court. 

Objection.  Whertasit  appenreth  plainly  by 
the  ttnour  of  the  statute  of  Edw.  6",  rap.  IS, 


they  looke  well  unto  if,  they  shall  find  even  the  !  that  judges  ecclesiastical!,  and  none  other,  are 
,same  statutes,  they  protend,  to  give  way  ento  it.  j  to  licare  and  determine  all  suits  of  tithes,  and 
And  it  is  strange  they  will  nliirme  so  great  an  other  duties  for  the  same,  which  are  given  by 
untruth,  as  to  say,  they  are  not  permitted  to  the  said  act ;  and  that  nothing  else  is  added 
traverse  the  suggestion  in  the  tempor.di  court;  j  t •»  former  lawes  by  that  statute,  but  oncly  cer- 
for  both  the  law  nud  daily  practice  doth  allow  taine  penalties,  for  example,  one  of  treble 
it.  value:  forasmuch   us  the  said   penalty,  being 

on  civ  devfeed  as  a  mcanes  to  worke  the  better 
1G.  The  Customcs  for  Tithes  arc  onc.y  to  be  .  pliV,MH1t  of  tithes,  and  for  that  there  are  no 
tried    in     the  ecclesiasucall   conns,   and  '  v.ord,used  in  the  said  statute  to  give,  jurisdic- 
ought  not  to  be  drawne  thence  by  Trohi-    :ioll  l0  aiiy  tiuiiponilL  court,  we  hold  it  most  ap- 
parent, that  the  said  penalty  of  treble  value. 


bilious. 

Objection.  Although  some  indiscreet  ccclc- 
Viasticull  judges,  either  in  the  time  of  king  Ed- 
ward the  4th,  or  Edward  the  Gth,  might, 
against  law,  have  refused  in  some  one  cause  to 
admit  n  plea  of  custoiue  of  tithes,  to  the  preju- 
dice of  some  person  whom  he  favoured,  and 
might  thereby  pcradventure  have  given  occa- 
sion of  some  one  prohibition,  but  whether  they 


being  a  duty  gircn  in  the  snid  statute  for  non- 
payment of  tithes,  cannot  bee  demanded  in  the 
temporal!  court,  but  onely  before  the  ecclesias- 
tical! judges,  according  to  the  expresse  word* 
of  the  said  statute  -.  and  the  rather,  wee  are  so 
persuaded,  because  it  is  most  agreeable  to  all 
luwcs  r.nd  reason,  that  where  the  principal! 
cause  is  to  bee  decided,  there  ail  things  ma- 


did so  or  no,  the  suggestion  of  a  lawyer  for  his  j  dent  and  accessary  are  to  bee  determiner!, 
fre  is  no  good  proofc,  yet  forasmuch  as  by  j  Ik'aidcS:,  it  was  the  practice  of  all  eeclesinstt- 
tlirrc  statute*  made  since  that  time,  wherein  it  i  call  courts  in  this  ri-alme,  immediately  after  the 
is  ordained,  viz.  both  that  tithes  should  be  truly  :  making  of  the  kui«1  statute,  and  hath  continued 
paid,  according  to  the  custome,  and  the  trvall  so  ever  since,  to  c.ward  treble  damages,  when 
of  such  payments,  according  to  custumc  upon  ,  there  hath  been  cju^*,  without  any  opposition, 
any  default  or  opposition,  should  be  tryed  in  I  untill  about  ten  yu:ircs  pa*t,  when,  or  about 
the  king-*  ecele>iasticall  court?,  and  by  the  ,  which  tin. -\  rjoiwiii.^andmg  the  premisses,  the 
kings  ecclcsiasticall  Jnwes,  and  not  otherwise,  '  temporal!  judges  be^aa  to  hold  plea  of  treble 
or  before  any  other  judges  then  ccclc-Ma-t icall,  value,  and  doe  now  aconnpt  it  so  proper  nnd 
we  most  humbly  desire  your  lordships,  that  if  j  peculiar  ;u  their  jrrisdictions,  as  In  colour 
uccordir.g  to  the  said  lawes  we*bc  most  ready  i  thereof  tl:<  \  admit  suits  originally  for  the  said 
to  heare  :uiy  plea  ot  customes  your  lordships  ,  penalty,  and  doc  make  thereby,  wrv  absurdly, 
would  be  pleaded,  that  the  judges  may  not  be  I  the  penalty  nf  trchle  value  I  >  live  principal), 
permitted  hereafter  to  grant  any  prohibitions  :  whi<:'»  is  indeed  hut  the  itccc.-^ry;  t:\A  the 
upon  such  false  surmises;  or  if  they  shall  an-  '  e<  ::ii/.:»ncf  of  tithes  to  lice  but  t'la  accessary, 
swer,  that  wee  mistake  the  said  statutes,  that  wlneh  in  all  due  construction  is  most  evident  to 
then  the  said  three  statutes  inav  bee  throughly  ;  he  the  principal!,  thereby  wholly  perverting  the 
debated  before  your  lordship?, lest  under  pre-  true  nuan.ing  ia\d  drill  of  that  statute,  where- 
tence  of  a  right,  which  they  challenge,  to  ex-  ;  upon  if  in  the  *pirituail  court  the  treble  value 
yound  these  kind  of  statute*,  the  truth  may  be    be  now  demanded  by  the  libel!  as  a  duiv,  cc* 


Uv] 


STATE  TRIALS,  3  JaKes  I.  1605.— Articidi  CUru 


[150 


cording  to  that  stature,  or  that  sentence  be 
awarded  directlj  and  sincerely  upon  the  said 
hbcll,  presently,  as  contentious  persons  are 
disposed,  a  prohibition  is  grunted,  and  some 
sharp  words  are  further  used,  as  it'  the  ecclesi- 
asticall judges  were  in  some  further  danger  for 
holding  of  these  kind  of  pleas:  and  then  fore 
nemost  humbly  desire,  that  if  the  judge**  shall 
must  in  their  answers  upon  such  their  strain- 
ing of  the  said  statute,  your  lordships  will  he 
ffceased  to  heare  the  same  further  debated  by 
to  with  them. 

Answer.  If  they  observe  well  the  statute, 
they  shall  find,  that  the  ecclesiasticall  court  is 
by  that  statute  to  hold  plea  of  no  more,  then 
that  which  is  specially  thereby  limited  lor  them 
to  bold  plea  of ;  and  (he  tempo  rail  court  not 
restrained  tliereby,  to  hold  plea  of  that  which 
is  not  limited  unto  the  ecclesiasticall  court  by 
that  act,  and  of  that  they  hud  jurisdiction  o( 
before  :  and  the  forfeiture  of  double  value  is 
eipretly  limited  to  be  recovered  before  the  cc- 
deViasticali  judges ;  but  where  a  forfeiture  is 
given  by  an  act  generally  not  limiting  where  to 
tie  recovered,  it  is  to  be  recovered  iii  the  kiugs 
temporal  I  courts,  and  the  cause  why  it  is  so  di- 
tided,  seemeth  to  be  for  that,  where  by  that 
act,  temporall  men  were  to  hue  for  their  tithes 
in  the  ecclesiasticall  court,  where  it  was  then 
presumed  they  were  to  have  no  great  favour  : 
therefore  the  party  grieved  might,  if  he  would, 
pursue  for  the  forfeiture  of  the  treble  value  in 
the  temporall  court,  where  hee  was  to  recover 
oo  Utiles  ;  but  if  he  would  sue  where  he  might 
also  recover  the  tithes,  then  hee  would  pursue 
tor  the  double  value  :  for  th;it  is  specially  ap- 
poiuted  to  be  recovered  in  the  ecclesiasticall 
court,  but  not  the  treble  value.  And  although 
the?  alledge,  that  they  sometimes  used  to  main- 
taine  suit  tor  the  treble  value,  yet  as  soon  ns 
tout  was  complained  ot'  to  the  kings  courts, 
they  ga»e  remedy  unto  it  as  appertained. 

13.  No  Prohibition  to  be  awarcled,  where 
die  pcrsoii  is  stopped  from  carrying  away 
of  his  tithes  by  him  that  setteth  thein 
forth. 

Objtction.  As  the  said  statute  of  Eduard 
the  6th  last  mentioned  assigneth  a  penalty  of 
treble  valae,  if  a  m»n  upon  pretence  of  cus- 
tom*, which  cannot  be  justified,  shall  take 
tway  Jus  ccrne  before  he  hath  set  out  his  tithes  ; 
to  also  in  the  said  statute  it  is  provided,  that  if 
any  man  having  set  out  his  tithes,  shall  not  af- 
terwards surfer  the  parson  to  carry  them  away, 
Ace.  he  shall  pay  the  double  value  thereof  so 
carried  uwav,  the  same  to  be  recovered  in  the 
ecclesiasticall  court.  How  be  it  the  clearnesse 
of  the  statute  in  this  point,  notwithstanding 
in; a ne*  are  found  to  draw  this  cause  also  from 


in*;  or  intent  that  the  parson  shall  ever  carry 
them  away  ;  for  presently  thereupon  they  will 
cause  their  owne  servants  to  load  them  away  to 
their  owne  barues,  and  ieaye  the  parson  as  he 
can  to  seek  his  remedy  ;  which  if  Le  do  attempt 
in  the  ecclesiasticall  court,  out  comet h  a  Pro^ 
hibition,  suggesting,  that  upon  severance  and 
setting  forth  of  the  tenth  part  from  the  nine, 
the  sume  tenths  were  presently  by  law  in  the 
parsons  possession,  and  being  thereupon  be- 
come a  lay  chattell,  must  be  recovered  by  an 
action  of  tiespastc  at  the  common  law,  whereas 
the  whole  pretence  is  grounded  upon  a  ineere 
perverting  or'  the  statute,  which  doth  both  or- 
dain, that  all  tithes  shall  be  set  foith  truly  anut 
justly  without  fraud  and  guile  ;  and  that  also 
the  pardon  shall   not  be  stopped  or  hindered 


from 


carrying 


or  ■ 


them  awav.  neither  of  which 


conditions  me  observed  when  the  farmer  doth 
set  them  to.  t h,  meaning  to  curry  them  away 
himselfe,  for  that  is  the  fraudulent  setiing  of 
them  out ;  and  ulso,  when  accoidingly  hee 
taketh  them  away  to  his  own  use  ;  for  thefeby 
hee  stoppeth  the  parson  to  carry  them  away  : 
and  consequently  the  penalty  of  this  offence  is 
to  bee  rccovcied  in  the  said  ecclesiasticall 
courts,  according  to  the  words  of  >he  said  sta- 
tute, and  not  in  any  court  temporall :  wherefore 
we  most  humbly  desire  your  lordships,  that  ti- 
the? the  judges  may  make  it  apparant  to  your 
lordships,  that  we  mislikx;  this  statute  in  this 
point,  or  that  our  ecclesiasticall  courts  may 
ever  hereafter  be  freed  from  such  kinds  of  pro- 
hibitions. 

Answer.  For  the  matter  of  this  article  it  is 
answered  before,  and  where  the  truth  of  the 
case  is,  that  he  that  ought  to  pay  predinll  tithes, 
doth  not  divide  out  his  tithes,  or  doth  in  any 
wise  interrupt  the  parson* or  his  deputy,  to  see 
the  dividing  or  setting  oftliem  out:  that  ap- 
pearing unto  unjudicially,  we  maintain  no  pro* 
hihitiou  upon  any  suit  there  tor  the  double 
value,  but  if  after  the  tithes  severed,  the  parson 
will  sell  the  tithes  to  the  party  that  divided 
them,  upon  the  surmise  thereof,  we  doe,  and 
ought  to  grunt  a  prohibition  ;  but  if  that  sur- 
mise doe  prove  untiuc,  we  do  us  re.idily  grant 
a  consultation,  and  the  party  seeking  the  same, 
is,  according  to  the  statute,  to  have  his  double 
costs  and  damages. 

19.  No  prohibition  to  be  granted  upon  any 
incident  plea  in  an  ecclesiasticall  cause. 

Objection,  Wc  conceive  it  to  be  great  injury 
to  his  majesties  ecclesiasticall  jurisdiction,  thac 
prohibitions  are  awarded  to  hi**  ecclesiasticall 
courts  upon  every  by,  and  evtry  incident  plea 
or  matter  alledged  there  in  barre,  or  by  way 
of  exception,  the  principall  cause  being  un- 
doubtedly  of  ecclesiasticall    cognizance  :    tor 


tie  ecclesiasticall  court ;    for  such  as  of  hatred  i  example,  in  suit  for  tithes  in  kind,  if  the  limits 

of  the  parish,  agreements,  compositions,  and 
arbitrariments,  as  also  whether  the  minister 
that  sueth  as  parson,  be  indeed  parson  or  vicar, 
doe  come  in  debate  by  way  of  barre,  although 
the  same  particulars  were  of  temporal!  cogni- 
zance (as  some  of  them  woe  may  boldJj 


towards  their  ministers  arc  disposed  to  vexe 
them  with  suits  ut  the  common  law  (where 
they  titide  more  favour  to  main  taine  their 
wrangling,  then  they  can  hope  for  in  the  eccle- 
uafeticall  court)  will  not  raile  to  set  out  their 
tribe*  before  witnesses,  but  not  with  any  mean- 


131] 


STATt  TRIALS,  3  James  I.  \Wk-»*ArtkuH  Clcri. 


[152 


not)  yet  they  were  in  this  case  examinable  iu 
the  ecclesiasticall  court,  because  they  are  mat- 
ters incident,  which  come  nut  in  that  cane 
imally  to  be  sentenced  and  determined,  but 
a,e  used  as  a  meane  and  furtherance  for  the 
decision  of  the  maine  matter  in  question.  And 
so  the  case  standeth  in  other  such  incideut 
pica*  by  way  oi  barre;  for  otherwise  either 
party  in  every  cause  might  at  his  pleasure,  by 
pleading  some  matter  temporal  I  by  way  of  ex- 
ception, make  any  cause  et/cicsiasticall  whatso- 
ever subject  to  a  prohibition,  which  is  contrary 
to  the  reason  of  the  common  law,  and  sundry 
judgments  thereupon  given,  as  wee  hope  the 
judges  themselves  will  acknowledge,  and  there- 
upon yeeld  to  have  such  prohibitions  hereafter 
restrained. 

Answer.  Matters  incident  that  fall  out  to 
be  meere  temporal  I,  are  to  be  dealt  withall  in 
the  temporal  1,  and  not  in  the'  ecclesiastical 
court,  as  is  before  particularly  set  downe  in  the 
eleventh  article. 

20.  That  no  tempo  rail  judges,  under  colour 
of  authority  to  interpret  statutes,  ought, 
in  favour  of  their  Prohibitions,  to  make 
causes  ecclesiasticall  to  be  of  temporall 
cognizance. 

Objection,  Although  of  late  dayes  if  hath 
been  strongly  held  by  some,  that  the  interpre- 
tation of  all  statutes  whatsoever  doe  belong  to 
the  judges  temporally  yet  we  suppose,  by  cer- 
tuin  evil  effects,  that  this  opiuiou  is  to  bee 
bounded  within  certaine  limits ;  for  the  strong 
conceit  of  it  hath  already  brought  forth  this 
fruit,  that  even  those  very  statutes  which  doe 
concern e  matters  meerly  ecclesiasticall,  and 
were  made  of  purpose  with  great  caution,  to 
preserve,  enlarge,  and  strengthen  the  juris- 
diction ecclesiasticall,  have  bee*n  by  colour 
thereof  turned  to  the  restraining,  weakening, 
and  utter  overthrow  of  the  same,  contrary  to 
the  true  intent  and  meaning  of  the  said  sta- 
tutes :  as  for  example  (besides  the  st ranee  in- 
terpretation of  the  statutes  before  mentioned, 
for  the  payment  of  tithes)  when  parties  have 
been  sued  in  the  ecclesiastical  court*,  in  case 
of  an  incestuous*  marriage,  a  prohibition  hath 
Urn  awarded,  suggesting,  under  pretence  of  a 
Btitute  iii  the  lime  of  king  Hen.  8.  that  it  ap- 
pertained) to  the  temporall  courts,  and  not  to 
the  ecclesiasticall,  to  determine  what  marriages 
are  lawfull,  and  what  are  incestuous  by  the 
•word  of  God.  As  also  a  minister,  being  upon 
paiit  of  deprivation  for  his  insufficiency  in  the 
tvcleiiuxtical  court,  a  prohibition  was  granted, 
M|Min  suggestion  that  all  plens  of  the  fitnesse, 
leurning,  and  sufficiency  «f  ministers  belong 
only  to  the  kings  temporall  courts,  relying,  as 
wee  »tippo»e,  upon  the  statute  of  13  Eliz.  by 
which  kind  of  interpretation  of  statmes,  if  the 
nimunv't  disposing,  or  ordering  of  causes  eccle- 
siasticall in  n  statute  shall  make  the  same  to  be 
ill*  temporal  cognizance,  and  so  ubolish  the 
iurv*diction  of  tlie  ecclesiasticall  court,  without 
awv  ftirther  circumstances,  or  expresse  words 
fc»  warrant  the  tame,  it  followeth,  that  foras- 


much as  the  common  Book  and  Articles  of  re- 
ligion are  established  and  confirmed  by  severall 
acts  of  parliament,  the  temporall  judges  may 
challenge  to  themselves  an  authority  to  end  and 
determine  of  all  causes  of  faith  and  religion, 
and  to  send  out  their  prohibitions,  if  any  eccle- 
siasticall judge  sliall  dcale  or  proceed  in  any 
of  them :  which  conceit,  how  absurd  it  is, 
needeth  no  proofe,  and  teacheth  us,  that  when, 
matters  meerly  ecclesiasticall  are  comprized  in 
any  statute,  it  doth  not  therefore  follow,  that 
the  interpretation  of  the  said  matters  doth 
belong  to  the  temporall  judges,  who  by  their 
profession,  and  as  they  are  judges,  are  not  ac- 
quainted with  that  kind  of  learning:  hereunto, 
when  we  shall  receive  the  answer  of  the  judges, 
we  shall  be  ready  to  justifie  every  part  of  this 
article. 

Answer.  If  any  such  have  slipt,  as  is  set  downe 
in  this  article,  without  other  circumstances  to 
muintaiue  it,  we  make  no  doubt,  but  when  that 
appeared  to  the  king's  temporall  court,  it  hath 
been  presently  remitted ;  and  yet  there  be 
cases,  that  we  may  deale  both  with  marriages 
and  matters  of  deprivation,  us  where  they  will 
call  the  marriage  in  question  after  the  death  of 
any  of  the  parties,  the  marriage  may  not  then 
be  called  in  question,  because  it  is  to  bastard 
and  disinherit  the  issues,  who  cannot  so  well 
defend  the  marriage,  as  the  parties  both  living 
themselves  might  have  done  ;  and  so  is  it,  if 
they  will  deprive  a  minister  not  for  matter  ap- 
pertaining to  the  ecclesiasticall  cognizance,  but 
for  that  which  doth  meerly  belong  to  the  cog- 
nizance of  the  king's  temporal  courts.  And 
for  the  judges  expounding  of  statutes  that  con- 
cern the  ecclesiasticall  government  or  pro- 
ceedings, it  helongeth  unto  the  temporall 
judges ;  and  wee  thinkc  they  have  been  ex- 
pounded as  much  to  their  advantage,  as  either 
the  letter  or  intention  of  lawes  would  or  could 
allow  of.  And  when  they  have  been  ex- 
pounded to  their  liking,  then  they  could  approve 
of  it ;  but  if  the  exposition  be  not  for  their 
purpose,  then  will  they  say,  as  now  they  doe, 
that  it  nppertaiucth  not  unto  us  to  determine 
of  them. 

21.  That  persons  imprisoned  upon  the  writ 
of  de.  excommunicato  capiendo  are  unduly 
delivered,  and  Prohibitions  unduly  awarded 
for  their  greater  security. 

Objection.  Forasmuch  as  imprisonment  upon 
the  writ  of  excommunicato  capiendo  is  the  chief- 
est  temporall  strength  of  ecclesiasticall  jurisdic- 
tion, and  that  bv  the  lawes  of  the  realm  none  so 
committed  for  their  contempt  in  matters  of 
ecclesiasticall  cognizance,  ought  to  be  delivered 
untill  the  ecclesiasticall  courts  were  satisfied,  or 
caution  given  in  that  behalfe,  we  would  gladly 
be  resolved  by  what  authority  the  temporall 
judges  do  cause  the  sherifes  to  bring  the  said 
parties  into  their  courts,  and  by  their  owne 
discretions  set  them  at  liberty,  without  notice 
thereof  first  given  to  the  ecclesiasticall  judges, 
or  any  satisfaction  made  either  to  the  parties 
at  whose  suit  he  was  imprisoned,  or  the  eccle- 


K53] 


STATE  TRIALS,  3  James  I.  1G05.— Articuli  Ckri. 


[154? 


stasticall  court,  where  certaine  lawfull  fees  are 
due  c  and  after  all  this,  why  doe  they  likewise 
send  out  their  prohibitions  to  the  said  court, 
commanding,  that  all  censures  against  the 
said  parties  shall  he  remitted,  and  that  they  be 
no  more  proceeded  with  for  the  same  causes  in 
those  courts.  Of  this  our  desire,  we  hope  your 
lordships  do  see  sufficient  cause,  and  will  there- 
fore procure  us  from  the  judges  some  reason- 
able answer. 

Answer.  We  affirme,  if  the  party  excommuni- 
cate be  imprisoned,  wee  ought  upon  complaint 
to  send  the  kings  writ  for  the  body  and  the  cause, 
and  if  in  the  returne  no  cause,  or  no  sufficient 
cause  appeare,  then  we  doe  (as  we  ought)  set 
him  at  liberty ;  otherwise,  if  upon  removing  the 
body,  the  matter  appeare  to  be  of  ecclesiastical  I 
cognizance,  then  we  remit  him  againe;  and  this 
we  ought  to  doe  in  both  cases  ;  for  the  tem- 
porall courts  must  alwaies  have  an  eye,  that 
the  ecclesiasticall  jurisdiction  usurp  not  upon 
the  temporall. 

22.  Tbe    King's    authority  in    ecclesiasticall 
causes  is  greatly  impugned  by  Prohibitions. 

Objection.    We  are  not  a  little  perplexed 
touching  the  authority  of  his  majestie  in  causes 
ecclesiasticall,  in  that  we  find  the  same  to  be 
so  impeached  by  Prohibitions,  that  it  is  in  ef- 
fect thereby  almost  extinguished  ;   for  it  seem- 
eth,  that  the  innovating  humour  is  growne  so 
rank,  and  that  some  of  the  temporall  judges 
are  come  to  be  of  opinion,  that  the  commis- 
sioners appointed  by  his  majesty  for  his  causes 
ecclesiasticall,  having  committed  unto  them  the 
execution  of  all  ecclesiasticall  jurisdiction  an- 
nexed to  his  majesties  impenall  crowne,  hy 
virtue  of  an  act  of  parliament  made  in  that 
behalfe,  and  according  to  the.  ten  our  and  effect 
of  bis  majesties  letters  patents,  wherein  they 
are  authorised  to  imprison,  and  impose  fines, 
as  they  shall  see  cause,  cannot  otherwise  pro- 
ceed, the  said  act  and  letters  patents  notwith- 
standing, then  by  ecclesiastical!  censures  oncly: 
and  thereupon  of  latter  dayes,  whereas  certaine 
lewd  persons  (two  for  example  sake)  one  for 
uxorious  adultery  and  other  intolerable  con- 
tempts, and  another  for  abusing  of  a  bishop  of 
this  kingdome  with  threatning  speeches,  and 
sundry  railing  termes,  no  way  to  be  endured, 
were  thereupon  fined  and  imprisoned  by  the 
stid  commissioners,  till  they  should  enter  into 
bonds  to  performe  further  orders  of  the  said 
court;  the  one  was  delivered  by  an  habeas  cor- 
nt  oat  of  the  kings  bench,  ana  the  other  by  a 
nke  writ  out  of  the  common  pleas  :  and  sundry 
other  prohibitions  have  been  likewise  awarded 
to  his  majesties  said  commissioners  upon  these 
suggestions,  viz.  that  they  had   no  authority 
either  to  fine  or  imprison  any  man ;    which  in- 
novating conceit  being  added  to  this  that  fol- 
loweth,  That  the  writ  of  dt  excommunicato  ca- 
piendo cannot  lawfully  be  awarded  upon  any 
certificate  or  signijicavit  made  by   the  said 
commissioners,  wee  find  his  majesties  said  su- 
preme authority  in   causes  ecclesiasticall,  so 
largely  amplified  in  sundry  statutes,  to  be  alto- 


gether destitute  in  effect  of  any  meanes  to  up- 
hold it,  if  tiie  said  proceedings  by  temporall 
judges  shall  be  by  them  maintained  and  justi- 
fied ;  and  therefore  wee  most  humbly  desire 
your  lordships,  that  they  may  declare  them- 
selves herein,  and  be  restrained  hereafter,  if 
there  be  cause  found,  from  using  the  kings 
name  in  their  prohibitions,  to  so  great  prejudice 
of  his  majesties  said  authority,  as  in  debating 
the  same  before  your  lordships  will  hereafter 
more  fully  appeare. 

Answer.  We  doe  not,  neither  will  we  in 
any  wise  impugne  the  ecclesiasticall  authority 
in  any  thing  that  appertained!  unto  it ;  but  if 
any  by  the  ecclesiasticall  authority  commit  any 
man  to  prison,  upon  complaint  unto  us  that  he 
is  imprisoned  without  just  cause,  we  are  to 
send  to  have  the  body,  and  to  be  certified  of 
the  cause ;  and  if  they  will  not  certifie  unto  us  ' 
the  particular  cause,  but  generally,  without 
expressing  any  particular  cause,  whereby  it 
may  appeare  unto  us  to  be  a  matter  of  the  ec- 
clesiastical cognizance,  and  his  imprisonment 
be  just,  then  we  doe  and  ought  to  deliver 
him :  and  this  is  their  fault,  and  not  ours* 
And  although  some  of  us  have  dealt  with  them 
to  make  some  such  particular  certificate  to  us, 
whereby  wee  may  bee  able  to  judge  upon  it, 
as  by  law  they  ought  to  doe,  yet  they  will  by 
no  ineanes  doe  it ;  and  therefore  their  errour  is  s 
the  cause  of  this,  and  no  fault  in  us :  for  if  we 
see  not  a  just  cause  of  the  parties  imprison- 
ment by  them,  then  we  ought,  and  are  bound 
by  oath  to  deliver  him. 

23.  No  Prohibition  to  be  granted,  under  pre- 
tence to  reforme  die  manner  of  proceed- 
ings by  the  ecclesiasticall  lawe«,  in  causes 
confessed  to  be  of  ecclesiasticall  cogni- 
zance. 

Objection.  Notwithstanding  that  the  eccle- 
siasticall jurisdiction  hath  been  much  iinpench- 
ed  heretofore  through  the  multitude  of  prohibi- 
tions, yet  the  suggestions  in  them  had  some 
colour  of  justice,  as  pretending,  that  the  judges 
ecclesiasticall  dealt  with  temporall  causes :  but 
now,  as  it  seemeth,  they  are  subject  to  the 
same  controlments,  whether  die  cause  they 
deale  in  be  either  ecclesiasticall  or  temporall, 
in  that  prohibitions  of  late  are  wrestled  out  of 
their  owne  proper  course,  in  the  nature  of  a 
writ  of  errour,  or  of  an  appeale  :  for,  whereas 
the  true  and  onely  use  of  a  prohibition  is  to  re- 
straine  the  judges  ecclesiasticall  from  dealing 
in  a  matter  of  temporall  cogiyizance,  now  pro- 
hibitions are  awarded  upon  these  surmises,  viz. 
that  the  libel  I,  the  articles,  the  sentence,  and  the 
ecclesiasticall  court,  according  to  the  ecclesiasti- 
call lawes,  are  grievous  and  insufficient,  though 
die  matter  there  dealt  withall  be  meerly  ecclesi- 
astical :  and  by  colour  of  such  prohibitions,  the 
temporall  judges  to  alter  and  change  the  de- 
crees and  sentences  of  the  judges  ecclesiasticall, 
and  to  moderate  the  expences  taxed  in  the  ec- 
clesiasticall courts,  and  to  award  consultations 
upon  conditions :  as  for  example,  that  the 
plainufe  in  the  ecclesiasticall  court  shall  except 


I  5 J) 


STATE  TRIALS,  3  James  I.  lOoS.— Artiatli  Oct!. 
warded,  and  thus 


[150 


uf  the  one  balfe  of  the  ci 
the  register  shall   lose  li 

tuiri  piuintife  shall  be  contented  with  the  pay- 
ment uf  hi*  legacy,  which  was  the  principal! 
sued  fur,  mid  adjudged  due  until  him  at  snch 
day,  ns  they  the  said  temporal!  judges  shall 
appoint,  or  else  the  prohibition  must  stand. 
And  ulso  where  his  majesties  commissioners, 
lor  causes  ecclesiastical,  have  not  been  accus- 
tomed to  give  a  copy  of  the  articles  to  any 
party,  before  lie  hath  nnsv  ercd  them ;  and 
that  theitatutuofIIe.il.  5.  touching  the  deliver- 
er the  libell,  was  not  onely  publikelj  nd- 
kings  bench,  not  to  extend 


deliveru i ice  of  articles,  where  the  putty  is  pro- 
ceeded with  e.r  officio,  but  likewise  imparted  to 
his  majestic,  and  afterwards  divulged  in  the 
stnrre-chamber,  us  a  full  resolution  of  the 
judges,  yet  withiu  I  Or  5  inoneths  after,  a  pro- 
hibition was  awarded  tu  the  said  commissioners 
out  of  the  kings  bench,  upon  suggestion  that  the 
party  ought  to  have  a  copy  of  thu  articles,  being 
called  in  question  ejf  officio,  before  he  should  an- 
swer them  ;  and  notwithstanding  that  u  motion 
was  made  in  full  court .shortly  after  for  a  consul  ta- 
twin,  yet  an  order  was  en  [red,  that  the  prohibi- 
tion should  stand  untill  the  said  partie  bad  a 
copy  of  the  said  nitidis  given  him  ;  which  . 
veil  and  extraordinary  courses  doe  seem  very 
strange  unto  us,  and  are  contrary  not  onely  to 
the  whole  course  uf  hi*  majesties  law es  ecclesi- 
aslicall,  but  also  to  the  very  maximes  and 
judgement  of  the  common  law,  and  sundry 
statutes  uf  this  realme,  as  wee  shall  be  ready 
jusiilie  liel'nre  your  lordships,  if  the  judjj 
shall  endeavour  to  muhitaine  these  thtir  pr:.- 
ceedings. 

Ansicf.  To  this  we  say,  that  llimi|>]i  wIiltc 
parties  are  proceeded  wit  hull  ex  officio,  there 
needeth  no  libell,  yet  ought  they  lu  hnve  the 
cause  made  know  tie  unto  them  lor  which  llicy 
ure  called  ex  offieiii,  before  tliey  be  examined, 
10  the  end  it  may  appearo  unto  them  before 
their  examination,  whether  the  cause  be  nf  ec- 
clesiastical I  cognizance,  otherwise  they  ought 
not  to  examine  tlitrn  upuii  uat'l.  And  touch- 
iu«  the  rest  of  this  article,  thev  doe  ut.terlv 
mistake  it. 

-e  swnrno  to  dc- 
»  diction. 
Objection.  We  may  not  omit  to  signiiie 
votir  lordships  that,  as  wee  lake  it,  the 
pnrall  judges  are  not  onely  hound  by  the 
eiciit  oath,  ilmt  ihey  shiill  doc  nothing  t 
dis-herison  of  the  crown,  but  also  by  n  latter 
nulh  unto  the  king's  supremacy,  wherein  thev 
doe  swL'jre,  tbnt,  to  their  power,  they  will 
assist  and  deft-nd  all  jurisdictions,  piivilcdgus, 
prehe  mi  nonets,  and  authorities  united  and  an- 
nexed to  tin  imperial!  cronne  of  this  re n line  ; 
in  which  words  the  ecclesiastical!  jurisdiction 
is  specially  aimed  at :  so  that  whereat  they  doe 
ofitntiims  insist  upon  f.irlhcir  oath,  for  doing 
of  jtlstice  in  temporal  I  rautes,  and  do  seldomc 
make  mention  of  the  second  oath  taken  by 
thtm  fur  the  defence  of  the  ecclesiastical  I  juris- 


diction, with  the  rights  and  immunities  belong* 
ing  to  the  church ;  we  think,  that  thry  ought 
to  weigh  their  said  oaths  better  together,  uiid 
not  so  liirrc  to  emend  the  one,  as  that  it  should 
in  any  sort  prejudice  the  other  :  the  duo  con- 
sideration whereof  (which  we  most  instantly 
desire)  would  put  them  in  nuod,  any  suggestion 
to  the  contrary  notwithstanding,  to  be  as  enro- 
full  not  to  doe  any  thuig  that  may  prejudice 
the  lawful!  proceedings  of  the  ccdisiusiicall 
judges  in  ecclesiastical!  causes,  as  I  hey  an;  cir- 
cumspect not  to  suffer  any  impeachment,  or 
blemish  of  their  owne jurisdictions  and  pro- 
ceedings in  causes  temporal!. 

Amnier.  We  are  assured,  than  none  can 
justly  charge  any  of  us  with  violating  our  oaths, 
and  it  is  a  strange  part  to  use  judges  in  this 
manner,  and  to  lay  so  great  an  imputation  upon 
us;  and  what  scandnil  it  will  be  to  the  justice, 
of  the  rtuluie  to  have  so  great  levity,  and  so 
foulo  an  imputation  luid  upon  the  judges,  as  is 
dune  in  this,  is  too  manifest.  And  we  arc  as- 
sured it  cannot  be  shewed,  that  the  like  hath 
been  done  in  any  former  age;  and  lor  lesse 
scandals  then  this  of  the  justice  of  the  rculnie, 
divers  hare  been  severely  punished. 

25.  That  E j. communication  is  as  lawful),  as 
Prohibition,  for  the  mutual!  preservation 
of  both  his  majesties  supreme  jurisdiction. 
Objection.  To  conclude,  whereas  for  the 
better  preserving  of  his  majesties  two  supreme 
jurisdictions  before  mentioned,  vii.  the  eccle- 
siastical! mid  the  temporall,  that  the  one  might 
not  usurp  upon  the  other,  two  meanes  hereto- 
fore hnve  of  ancient  time  bten  ordained,  tiiat 
i,  to  say,  the  censure  of  Eicon nnunieat ion,  uiid 
the  writ  of  Prohibition  ;  the  one  to  restraine  the 
mi 'i-oachinciit  til  the  leiuporull  jurisdiction  upon 
the  ecclesiastical!,  the  other  of  the  ecclesiastic 
cull  upon  the  temporall,  we  most  humbly  de- 
sire your  lordsleps,  that  by  your  lueaaes  the 
judges  may  be  induced  to  resolve  us,  why  ex- 
communications may  nor.  us  tieely  be  put  it) 
ure  lor  the  prescivuiioii  of  the  jurisdiction  cc- 
clesiasticall,  as  probibirif.ns  arc,  under  pretence 
to  defend  the  umporull,  especially  against  such 
coutoiuiy us  perrons,  as  due  wittingly  and  wil- 
lingly, upon  false  und  frivolous  suggestions,  to 
the  deljy  of  justice,  vcvation  of  the  subjects, 
and  great  scnndall  of  eccksinsticall  jurisdic- 
tions, daily  procure,  without  leare  either  of 
(iod  or  mil),  such  undue  prohibitions,  us  we 
have  heretofore  mentioned. 

.lunar.  The  excommunication  cannot  be 
gain-said,  neither  may  tlic  prohibition  be  di- 
med  upon  tin:  surmise  mad,-,  that  the  matter 
pursued  in  The  erelesiasticall  court  is  of  tem- 
porall cognizance,  but  as  soon  us  that  shall  ap- 
jndicially  to  be   false,  we  grant 


isiilt.il 


For  the  better 
and    your   lordship 

hich  hath  been  said)  the  ordinary  pn£ 


salfLictum  of  Ins  majesty, 
s,  touching  the  objections. 
rrobibitioiis,  we  lime 'thought 
e  (as  May  bo  perceived  "by 


:ecding  in  bis  majesties  cuurts  therein  i  wiser*. 


137] 


STATE  TRIALS,  3  James  I.  16Q5.—ArticuU  Clcri. 


[15& 


by  it  may  appcarc  both  what  the  judges  doe, 
oiid  ought  to  doe  in  those  causes;  and  the 
ecclesiastical  judges  may  doe  well  to  consider, 
what  issue  the  course  they  herein  hold  can  have 
in  the  end  *.  and  they  shall  find  it  can  be  no 
other,  but  to  cast  a  scandall  upon  the  justice  of 
the  realme  ;  for  the  judges  doing  hut  what  they 
ought,  and  by  their  oaths  are  bound  to  doe,  it 
nnot  to  be  railed  in  question;  and  if  it  kill 
oat,  tint  they  eric  in  judgement,  it  cannot 
otherwise   be    reformed,   but  judicially   in   n 

*  Mr.  Justice  Foster,  before  he  was  made  a 
•abe,  published  a  Tract  entitled  "  An  Exami- 
nation of  the  Schism  of  Church  power,  laid 
down  in  the  '  Codex  Juris  Ecclesiastic!  Angli- 
oni,  &e."  It  is  ably  written,  and  contains 
much  learning  relative  to  the  ecclesiastical  law 
and  history  of  England,  but  it  is  composed  with 
t'jo  much  spleen  towards  bishop  Gibson,  the 
author  of  the  Codex.  This  Case  is  much  con- 
sidered in  it,  and  the  following  passage  is 
thought  worth  insertion  here  :  "  It  may  easily 
be  made  appear,  if  it.  shall  be  thought  necessary, 
rhat  Prohibitions  have  gone  from  the  temporal 
to  the  spiritual  courts,  as  from  a  superior  to  an 
inferior  jurisdiction,  ever  since  the  two  juris- 

•  dictions  have  been  separated  ;  and,  indeed,  the 
notion  of  a  subordination  of  jurisdictions  im- 
plies that  it  is  the  province  of  the  one  to  re- 
strain and  correct  the  excesses  of  the  other. 
Thi*  supremacy  of  the  Courts  of  Westminster- 
hall  over  the  Ecclesiastical,  hath  in  all  ages 
pren  £reat  disturbance  to  that  part  of  the 
C'ltrgy  who  hare  affected  an  absolute  independ- 
ence on  the  state.  The  arguments,  indeed, 
which  have  been  employed  against  ir,  have  been 
•iiflerent,  as  the  temper  of  the  times  and  the 
circumstances  of  the  Church  have  varied.  But 
the  point  in  view  hath  been  generally  the  same, 
thr  lmlependance  of  the  Church.  In  popish 
time*,  when  the  Church  could  scold  and  thunder 
*.th  impunity,  this  independency  was  claimed 
in  direct  terms  ;  and  the  king  and  all  his  civil 
*inwters.  were  admonished  not  to  disturb 
'bfcChureli  in  the  exercise  of  spiritual  discipline 
b  prohibitions  and  attachments  grounded  on 
'i?Hj,  under  pain  of  excommunication,  suspen- 
se, and  interdict.  Hut  since  the  supremacy 
*»f  th*j  crown  in  ecclesiastical  causes  hath  been 
«tpemc«l  a  fundamental  principle  of  our  con- 
ftitutiuii,  that  very  supremacy  hath  been  thought 
a  'lUV'it  lit  argument  for  overthrowing  the  im- 
i»-nt  jurisdiction  of  the  temporal,  over  the 
tpintu;-!  court*.  Archbishop  Bancroft  made 
thi->  r*i-  of  the  re^al  supremacy,  in  the  Articles 
h'.*»-\i.i!uted  to  the  lords  of  the  Privy  Council 
a?ain-t  :le  Jadses  of  Westminster  Hall  upon 
f!;f»  In-  d  fd"  Prohibition^.  His  lord*hip  (Gibson 
Li-i;op  of  Tendon)  hath  adopted  the  argument, 
aijil  pitted  it  with  all  the  advantage  it  i«  ca- 
yXblf  of:  "The  authority  o( spiritual  courts  and 

*  temporal  courts  of  law  flowing  equally  from 
Mii*  crown,  mid  it  btingof  so  great  importance 
'  to  thecood  «f  the  community  tin!  each  be 
4  kept  within  its  proper  bounds,  it  «-cctns  by  no 
1  puraoi  ajrccabje   to  that  equality  of  original 


suporiour  court,  or  by  parliament. — Subscribed 
by  all  the  judges  of  England,  and  the  barons  of 
the  exchequer,  Pascb.  4  Jacobi,  and  delivered 
to  the  lord  chancellour  of  England. 

Which  answers  and  resolutions,  although  they 
were  not  enacted  by  authority  of  parliament,  as 
our  statute  of  Artieuli  Clcri  in  9  E.  2.  was; 
yet,  being  resolved  unanimously  by  all  the 
judges  of  England,  and  barons  of  thfrtxehequer, 
are  for  matters  in  law  of  highest  authority 
next  unto  the  court  of  parliament  *. 

■  ■  ■    ■  r  ■■ 

'  and  descent,  nor  a  way  in  any  degree  likely  to 
'  attain  that  important  end,  that  the  one  should 

*  he  set  as  a  judge  over  the  other,  and  prescribe 
(  bounds  to  it  arid  take  to  itself  the  cognizance 
'  of  whatever  matters  itself  shall  please.  I  shall 
'  not  say  how  well  the  bound  $  in  the  present  case 
'  are  preserved  upon  that  foot,  but  certainly  it 

*  would  not  be  thought  a  good  expedient* for; 

*  preserving  bounds  of  any  other  kind   to  im- 

*  power  one  to  judge  for  both  (i.  e.  to  impower 
1  him  to  encroach  upon  his  neighbour  and  en- 
'  large  his  own  bounds  at  pleasure)  as  oft  a* 

*  any  controversy  shall  arise/ — The  force  of 
this  reasoning  from  the  equality  of  original, 
I  think  lies  here  :  the  temporal  and  spiritual 
courts  How  equally  (or  rather  alike)  from  the 
crown,  or  are  equal  in  point  of  original  and 
descent ;  therefore  they  are  or  ought  to  be 
equal  iu  point  of  jurisdiction ;  the  one  ought  not 
to  have  a  restrictive  power  over  the  other.  If 
this  be  not  his  lordship's  inference  how  can  it 
be  said  that  the  setting  one  of  the  courts  as 
judge  over  the  other  seems  not  agreeable  to  their 
equality  of  original  and  descent?  But  if  hik 
lord-hip  intended  to  infer  an  equality  in  point 
of  jurisdiction  from  what  he  is  pleased  to  caU 
an  equality  of  original  and  descent,  he  will  be 
pleased  to  apply  the  same  reasoning  to  every 
other  court  in  the  kingdom  from  the  high  court 
of  Parliament  to  the  court  of  Pipowdcr,  and  if 
it  should  appear  that  they  all  flow  equally  or  alike, 
from  the  same  original  law  and  immemorial 
custom,  I  fear  his  argument  will  conclude 
ttgainst  any  manner  of  subordination  amoii£ 
them  in  point  of  jurisdiction,  which  would  be, 
carrying  the  matter  much  farther  than  he  in- 
tended; though,  I  confess,  I  do  not  know  where 
to  stop,  if  the  argument  grounded  on  the  equa- 
lity of  original,  with  regard  to  die  spirituals  and 
tern  ponds,  concludes  at  all  in  favour  of  ijie 
former.  But  his  lordship  has  favoured  us  witl^ 
another  train  of  reasoning  against  Prohibitions, 
grounded  on  the  seeming  absurdity  and  incon- 
venience of  setting  one  court  adjudge  o\er  the 
Other,  in  questions  touching!  the  bounds  of  their 
.-evcral  jurisdictions  :  and  if  the  case  was,  as  his 
lordship  represents  it,  the  absurdity  and  incon- 
venience would  be  ereat  indeed,  ii  the  tempo- 
ral c.-jnit  might  lawfully  take  to  itself  the  cog- 
li'/nnri'*  of  whatever  matters  it«elf-shnfl  please  ; 
or  v;'s  empowered  to  encroach  upon  the  spiri- 
tual, *md  to. enlarge  its  own  bounds  at  pleasure: 
if  I'M*,  T  say,  was  implied  in  the  risht  claimed 
hy  th*»  temporal  courts,  of  giving  remedy 
again*;  the  encroachment  of  ^lie  ecclesiastical, 


159]         STATE  TRIALS,  4  James  I.  1606.— The  Trials  of  the  Conspirators         [160 


(which  is  all  that  is  intended  by  the  writ  of 
Prohibition)  the  absurdity  would'  be  as  great  ns 
his  lordship  endeavours  to  represent  it.  Bat 
his  lordship  will  forgive  me,  if  I  say  the  absur- 
dity lies  only  in  his  state  of  the  case.  Our  ex- 
cellent constitution  is  not  chargeable  with  it. 
The  bounds  of  ecclesiastical  jurisdiction  are  al- 
ready settled  hy  law  and  immemorial  custom, 
to  which  Mi  judges  are  obliged  by  oath  and  by 
the  duty  of  their  place  to  conform  themselves. 
The  granting  Prohibitions  is  not  a  power  to  be 
exercised  or  not  at  the  pleasure  of  the  court. 
It  is  not  the  court's  taking  to  itself  the  cogni- 
zance of  whatever  matters  itself  shall  please,  or 
enlarging  its  own  jurisdiction,  at  pleasure;  no, 
it  is  a  matter  of  mere  right,  in  which  the  judges 
are  to  be  guided  by  the  known  laws  of  the  land, 


and  not  by  will  and  pleasure/* — See  also  a  A 
short  View  of  the  Conduct  o/  the  English  Clergy 
so  far  as  relates  to  civil  affairs  from  the  Con- 
quest to  the  Revolution,"  published  1737,  and 
said  to  be  written  by  sir  Edmund  Thomas,  bait. 
Collier  argues  resolutely  against  the  authority 
of  these  determinations  ot  the  Judges.  He 
maintains  that  the  questions  arising  out  of  a 
contest  for  jurisdiction  between  the  temporal 
and  ecclesiastical  judges  ought  not  to  be  deter- 
mined by  either  of  those  parties.  Against  lord 
Coke,  he  cites  lord  Co.  8  Rep.  117  et  seq. :  and 
other  common  law  authorities.  See  Coll.  Eccl. 
Hist.  vol.  1,  510,  et  seq. :  vol.  2, 688.  Repeated 
instances  of  a  collision  between  the  Judges, 
and  Bishops  occur  in  lord  Coke's  18th  Re- 
port. 


80.  The  Trials  of  Robert  Winter,  Thomas  Winter,  Guy 
Fawkes,  John  Grant,  Ambrose  Rookwood,  Rob.  Keyes, 
Thomas  Bates,  and  Sir  Everard  Digby,  at  Westminster,  for 
High  Treason,  being  Conspirators  in  the  Gunpowder-Plot :  * 
3Jac.  I.  27th  Jan.  a.  d.  1606. 

TlIE  Commissioners  were,  the  Earls  of  Not- 
tingham, Suffolk,  Worcester,  Devonshire,  Nor- 
thampton, and  Salisbury ;  the  Lord  Chief  Jus- 
tice of  Englund,  sir  John  Popham,  the  Lord 
Chief  Baron  of  the  Exchequer,  Thomas  Flem- 
ing ;  and  sir  Peter  Warburton,  knight,  one  of 
the  Justices  of  the  Common-Pleas. 


The  Effect  of  the  Indictment. 

'  That  whereas  our  sovereign  lord  the  king 
'  had,  by  the  advice  and  assent  of  lus  council, 

*  for  divers  weighty  and  urgent  occasions  con- 
'  ccrning  his  majesty,  the  state,  and  defence  of 

*  the  church  and  kingdom  of  England,  appointed 
'  a  Parliament  to  be  holden  at  his  city  of  West- 

*  minster ;  That  Henry  Garnet,  Superior  of  the 
<  Jesuits  within  the  realm  of  England,  (called 
'  also  by  the  several  names  of  Wally,  Darcy, 
'  Roberts,  Farmer,  and  Henry  Philips)  Oswald 
'  Tesinond,  Jesuit,  otherwise  called  Oswald 
*'  Green  well,  John  Gcrrnnd,  Jesuit,  (culled  also 

*  hy  the  several  names  of  Lee  and  Brooke)  Ro- 

*  bert  Winter,  Thomas  Winter,  gentlemen,  Guy 
'  Fawkes  cent,  otherwise  called  Guy  Johnson, 
4  Robert  Keyes  gent,  and  Thomas  Bates  yeo- 
'  man,  late  servant  to  Robert  Gates  by  esquire ; 
'  together  with  the  said  Robert  Cateshy,  and 
« Thomas  Percy  esquires,  John  Wright  and 
-'  Christopher  Wright  gentlemen,  in  open  Re- 
'  bellion  and   Insurrection  against  his  majesty, 

*  lately  slain,  and  Francis  Tresham  esq.  lately 
'  dead  ;  as  false  Traitors  agsinst  our  said  sove- 
'  reign  lord  the  king,  did  traitorously  meet  and 
'  assemble  themselves  together ;  and  being  so 
'  met,  the  said  Henry  Garnet,  Oswald  Tes- 
t  mond,  John  Gerrard,  and  other  Jesuits,  did 

*  For  the  Proceedings  in  Parliament  re- 
specting this  PJot,  see  1  Cobb,  Pari.  Hist. 
>042,  et  tec}, 


'  maliciously,  falsely,  and  traitorously  move 
'  and  persuude  as  well  the  said  Thomas  Winter, 
'  Guy  Fawkes,  Robert  Keyes,  and  Thomas 
'  Bates,  as  the  said  Robert  Catesby,  Thomas 

*  Percy,  John  Wright,  Christopher  Wright,  and 
'  Francis  Tresham,  That  our  said  sovereign  lord 
'  the  king,  the  nobility,  clergy,  and  whole  com- 
'  monalty  of  the  realm  of  England,  (papists  ex- 
'  cepted)  were  heretics ;  and  that  all  heretics 
'  were  accursed  and  excommunicate ;  and  that 

*  none  heretic  could  be  a  kiug ;  but  that  it  was 

*  lawful  and  meritorious  to  kill  our  said  sovereign 
'  lord  the  king,  and  all  other  heretics  within 

*  this  realm  of  England,  for  the  advancing  and 

*  enlargement  of  the  pretended  and  usurped 
'  authority  and  jurisdiction  of  the  bishop  of 
'  Rome,  and  for  the  restoring  of  the  supersti- 
'  tious  Romish  religion  wi(hiu  tins  realm  of 
'  England.  To  which  traitorous  persuasions, 
'  the  said  Thomas  Winter,  Guy  Fawkes,  Ro- 
'  bert  Keyes,  Thomas  Cates,  Robert  Catet- 

*  by,  Thomas  Percy,  John  Wright,  Christo- 
'  pher  Wright,  and  Francis  Tresham,  trafca- 
'  rously  did  yield  their  assents ;  And  that  there* 

*  upon  the  said  Henry  Garnet,  Oswald  Tet- 
'  mond,  John  Gerrard,  and  divers  other  Je» 
'  suits ;  Thomas  Winter,  Guy  Fawkes,  Robert 
'  Keyes,  and  Thomas  Bates,  as  also  the  said 
'  Robert  Catesby,  Thomas  Percy,  John  Wright, 

*  Christ.  Wright,  and  Francis  Tresham,  traito- 
'  rously  amongst  themselves  did  conclude  and 
'  agree,  with  Gunpowder,  as  ic  were  with  one 
1  blast,  .suddenly,  traitorously  and  barbarously 

*  lo  blow  up  and  tear  in  pieces  our  said  sove- 
1  reign  lord  the  king,  the  excellent,  virtuous, 
'  and  gracious  queen  Anne,  his  dearest  wife,  the 
'  most  noble  prince  Henry,  their  eldest  sob, 
'  and  future  hope  and  joy  of  England ;  and 
'  the  lords  spiritual  and  temporal,  the  reverend 

'  judges  of  the  realm,  the  knights,  citizens  unci  ' 


101] 


STATE  TRIALS,  3  James  I. 


4  burgesses  of  parliament,  anil  divers  other  fnith- 

*  ful  subjects  and  servants  ut'  the  king  in  the 
'  said  parliament,  for  the  causes  aforesaid  to  be 

*  assembled   in  the  house  of  parliament ;  and 

*  all  them,  without  any  respect  of  majesty,  dig- 

*  nity,  degree,  sex,  age  or  place,  most  barba- 
4  rou*ly  and  more  than  beastly,  traitorously, 
'  and  suddenly  to  destroy  and  swallow  up. 
1  And  furl  her  did  most  traitorously  conspire 
'and  conclude  among  themselves,  That  not 
1  only  the  whole  royal  issue-male  of  our  said 
'sovereign  lord  the  king  should  be  destroy- 
*ed  and  rooted  out ;  but  that  the  persons  u- 
4  foresaid,  together  with  divers  other  false  trai- 
1  tors,  trnituroi'&ly  with  them  to  be  assembled, 
4  should  surprize  the  persons  of  the  noble  ladies 
4  Elizabeth   and  Mary,  daughters  of  our  said 

*  sovereign  lord  the  king,  and  falsly  and  traito- 
4  run  sly  slxmld  proclaim  the  said  lady  Eliza- 
4  beth  to  be  queen  of  this  realm  :  Aim  therc- 

*  upon  should  publish  a  certain  traitorous  Pro- 
clamation in  the  name  of  the  said  lady  Eli- 
4  zabeth  ;  wherein,  as  it  was  especially  agreed 
4  by  and  between  the  said  conspirators,  That 
4  no  mention  should  be  made  at  the  first, 
4  of  the  alteration  of  religion  established  with- 
4  in  this  realm  of  England ;  neither  would 
'the  said  false  traitors  therein  acknowledge 
4  themselves  to  be  authors,  or  actors,  or  de- 
4  user*  of  the  afore*aid  most  wicked  and  horri- 

*  ble  treasons,  until  they  had  got  sufficient 
4  power  and  strength  fur  the  assured  execution 
4  aod  accomplishment  of  their  said  conspiracy 
4  and  treason  :  and  that  then  they  would  avow 
4  and  justify  the  said  most  wicked  and  horrible 
4  treasons,  as  actions  that  were  in  the  number 
•of  those,    qua  mm  laudantur,  ni*i  pcracta, 

*  which  be  not  to  be  commended  before  they 
4  bt  done  :  but  by  the  said  feigned  and  traitor- 
4ous  proclamation  they  would  publish,  That 
4  all  and  singular  abuses  and  grievances  within 
4  this  realm  of  England,  should,  for  satisfying 
4  of  the  people,  be  reformed.  And  that  as  well 
'fertile  better  concealing,  as  for  the  more  cf- 

*  factual  accomplishing  of  the  said  horrible 
'tnasons,  as  well  tlie  said  Thomas  Whiter, 
'Gnj  Fawkes,  Robert  Keyes,  and  Thomas 
'Bales,  as  the  said  Robert  Cat e- by,  Thomas 
'Percy,  John  Wright,  Christ.  Wright,  and 
4  Francis  Treshaiu,  by  the  traitorous  advice  and 
'procurement  of  the  said  Henry  Garnet,  Os- 
1  wald  Tesmond,  John  Gcrrard,  and  other  Je- 
4  tuiis,  traitorously  did  further  conclude  and 
1  »?*eet  that  as  well  the  said  Thomas  Winter, 
4  Guy  Fawke<i,  Robert  Keyes,  and  'I  nomas 
'Bat/-,  as  the  said  Robert  Catesby,  Thomas 
'Perry,  John  Wright,  Christ.  Wright,  and 
1  Francis  Trcslinm,  thereupon  severally  and 
1  traitorously  should  receive  several  corporal 
'Oaths  upon  the  holy  Evangelists,  and  the  Sa- 
'  crament  of  the  Eucharist,  That  they  the 
'treasons  aforesaid  would  traitorously  conceal 
1  tad  keep  secret,  and  would  not  reveal  them, 
'directly  or  indirectly,  by  words  or  circum- 
'jtances,  nor  ever  would  desist  from  the  cxe- 
'  cation  and  final  accomplishment  of  the  said 
1  treasons,  without  the  cooseut  of  some  three 

VOL.  II. 


1000..— in  the  Gunpowder- Plot.  [102 

4  of  the  aforesaid  false  traitors  first  in  that  be- 
half traitorously  had:  And  that  thereupon  as 
well  the  said  Thomas  Winter,  Guy  Fawkes, 
Robert  Keyes,  and  Thomas  Bates,  as  the  said 
Robert  Catesby,  Thomas  Percy,  John  Wrrighr, 
Christ.  Wright,  and  Francis  Tresham,  did 
traitorously  ta^e  the  said  several  corporal 
Oaths  severally,  and  did  receive  the  Sacra- 
ment of  the  Eucharist  aforesaid,  by  the  hands 
of  the  said  Henry  Garnet,, John  Gcrrard,  Os- 
wald Tesmond,  and  other  Jesuits.  And  fur- 
ther, that  the  said  Thomas  Winter,  Guy 
Fawkes,  Robert  Keyes,  and  Thomas  BaUs, 
together  with  the  said  Robert  Catesby,  Tho- 
mas Percv,  John  Wright,  Christ.  Wright,  and 
Francis  Ticshaih,  by  the  like  traitorous  ad- 
vice and  counsel  of  the  said  Henry  Garnet, 
John  Gerrard,  Oswald  Tesmond,  and  other 
Jesuits,  for  the  more  effectual  compassion  and 
iinal  execution  of  the  said  treasons,  did  trai- 
torously among  themselves  conclude  and 
agree  to  dig  a  certain  mine  under  the  said 
House  of  Parliament,  and  there  secretly, 
under  the  said  hou*c,  to  bestow  and  place  a 
great  quantity  of  gunpowder ;  and  that  ac- 
cording to  the  said  traitorous  conclusion,  the 
said  Thomas  Winter,  Guy  Fawkes,  Robert 
Keyes,  and  Thomas  Bates,  together  with  the 
said  Robert  Cntesby,  Thomas  Percy,  John 
Wright,  and  Christ.  Wright,  afterwards  se- 
cretly, not  without  great  labour  and  difficulty, 
did  dig  and  make  the  said  mine  unto  the 
mid>t  of  the  foundation  of  the  wall  of  the  said 
House  of  Pat  liaiiu  m,  the  said  foundation  be- 
ing of  the  thickness  of  three  yards,  with  u 
traitorous  intent  to  bestow  and  place  a  great 
quantity  of  gunpowder  in  the  mine  aforesaid, 
so  as  afbrouid  traitorously  to  be  made  for 
the  traitorous  accomplishing  of  their  traitor- 
ous purposes  aforesaid.  And  that  the  said 
Thomas  Winter,  Guv  Fawkes,  Robert  Keyes, 
and  Thomas  Bates,  together  with  the  said  Ro- 
bert Catesby,  Thomas  Percy,  John  Wright, 
and  Christ.  Wright,  finding  and  perceiving 
the  said  work  to  be  of  treat  difficulty,  by  rea- 
son of  the  hardness  and  thickness  of  the  said 
wail ;  and  understanding  a  certaiu  cellar  un- 
der the  said  House  of  Parliament,  and  ad- 
joining to  a  certain  house  of  the  said  Thomas 
Percy,  then  to  be  Icttcn  to  farm  for  a  yearly 
rent,  the  said  Thomas  Percv,  bv  the  traitor- 
ous  procurement*  as  well  of  the  said  Henry 
Garnet,  Oswald  Tesmond,  John  Gerrard,  and 
other  Jesuits,  Thomas  Winter,  Guy  Fawkes, 
Robert  Keyes,  and  Thomas  Bates,  as  of  the 
said  Robert  Catesby,  John  Wright,  und  Christ. 
Wiight,  traitorously  did  hire  the  cellar  afore- 
said for  a  certain  yearly  rent  and  term  :  and 
then  those  traitors  did  remove  twenty  barrels 
full  of  gunpowder  nut  of  the  said  house  of  (ho 
said  Thunr.it  Percv.  and  secretly  nnd  traitor- 
ously  did  bestow  and  place  them  in  the  cellar 
aforesaid,  under  the  said  House  of  Parlia- 
ment, for  the  traitorous  effecting  of  the  trea- 
son, and  traitorous  purposes  aforesaid.  And 
that  afterwards  the  said  Henry  Garnet,  Os- 
wald Tesmond,  John  Gerrard,  und  oiher  Jo 
M 


Ift3]  STATE  TRIALS,  3  James  I.  \6oG.-Vie  'Dials  qf the  Conspirators        [16* 

4  suits,  Thomas  Winter,  Guy  Fawkes,  Robert  ,  •  suits,  Robert  Winter,  Thomas  Winter,  Kobert 
'  Keye%  imd  Thomas,  Bate>,  together  \tith  the  j  *  Keyes,  '1  homas  Bates,  John  Grant,  and  Am- 

'  '  brose  Rookwood,  as  of  the  said  Root  rt  Cates- 

*  by,  Thomas  Percy,  John  Wright,  Christopher 

*  \V  right,  and  Francis  Tresham,  traitorously 
4  bad  prepared,  and  had  upon  bis  person  touch- 

*  wood  and  mutch,  therewith   traitorously  to 

*  give  tire  to  the  several  barrelsjiogsheads,  and 
1  quantities  or' gunpowder  aforesaid,  at  ihe  time 

*  appointed  for  the  execution  of  the  said  horri- 

*  ble  treasons.  And  further,  ihat  afier  the  said 
•horrible  treasous,  w.  vc,  by  the  great  favour 

*  and  mercy  of  Go?,  in  a  wonderful  maimer 
'  disco\er'd,  not  many  hours  before  it  should 
1  have  been  executed,  as  well  the  s..ii!  Henry 

*  Garnet,    Oswald   Tcsmond,   John   Gerrard, 

*  Robert    Winter,     Thomas    Winder,    Robert 

*  Keyes,  Thomas  Bates,  John  Giant,  and  Am- 


•said  Robert   Catesby,  Thomas  Percy,  John 

*  Wright,  and  Christ.  Wright,  traitorously  did 

*  meet  with  Robert  Winter,  John  Grant,  and 

*  Ambrose  Rook  wood,  and   Francis  Tie?»hani, 

*  esquires ;  and  traitorously  did  impart  to  the 

*  said  Robert  Winter,  John  Giant,  Ambrose 

*  Roukftood,  and  Francis  Tresham,  the  trea- 
'  sons,  traitorous  intentions  und  purposes  afore- 

*  said ;  and  did  require  the  said  Robert  Win- 
'  ter,  John  Grant,  Ambrose  Rookwood,  and 
4  J*'rancis  Tresham,  to  join  themselves  as  well 
4  with    the  said    Henry  Garnet,  Oswald  Tes- 

*  mond,  John  Oerraid,  Thomas  Winter,  Guy 

*  Fawkcs,  Robert  Keyes,  and  Th«<mas  Rate*, 
•as  with  the  s;»id  Ruben  Catesbv,  '1  liomas 
'  Percy,  John  Wright,  and   Christ.  Wright,  in 


•  the  treasons,  traitorous  intentions  "and  pur-    *  brose  Rookwood,  as  the  said  Robert  Catesby, 

•  poses  aforesaid  ;    and  traitorously  to  provide    *  Thomas  Percy,  John  Wright,  and  Curi-topher 


•  horse,  armour,  and  oiher  m  ccssaries,  for  the 

•  better  accomplishment  and   ejecting  of  the 

•  said    treasons.     To  which  traitorous  motion 

•  and  request,   the  said  Robert   Winter,  Jwbn 

•  Grant,    Ambrose    Rookwood,    and    Francis 

•  Tresham,  did  traitorously  yield  their  assents, 
'  and  as  well  with  the  said  Henry  Garner,  Os- 

•  wald  Tesmond,  John   Gerrurd,  Robert  Win- 

•  ter,   Thomas  Winter,  Guy   Fawke*,   Robert 

•  Keyes,  and  Thomas  Bates,  as  with  the  said 
'  Robert  Catesby,  Thomas  Percy,  John  Wright, 

•  Christ.  Wright,  and  Francis  Tresham,  in  the 

•  said  treasons,  traitorous  intentions  and  pur- 

•  poses  aforesaid,  traitorously  did  adhere  and 

•  unite  themselves:     And    thereupon    several 

•  corporal  Oaths,  in  form  abovesaid,  traitorous- 
'  ly  did  take,  and  the  Sacrament  of  t»ie  Eucha- 

•  rist,  by  the  hands  of  the  said  Jesuits  did  re- 

•  ceive,  to  such  intent  and  purpose,  as  is  afore- 
'  taid  ;  and  horses,  armour,  and  other  necessa- 
'  ries  for  the  better  effecting  of  the  said  trea- 

•  son?,   according   to  their   traitorous   assents 

•  aforesaid,  traitorously  did  provide.  And  that 
1  afterwards  all  the  said  false  traitors  did  trai- 
'  torously  provide,  ai|d  bring  into  the  cellar 
\  aforesaid  ten  other  barrels  full  of  gunpowder, 
'  newly  bought,  tearing   le>t  the  former  gun- 

•  powder,  so  as  aforesaid  bestowed  and  placed 

•  there,   was   become  dnnkish ;  and  the  said 

•  several   quantities  of  gunpowder    aforesaid, 

•  with  billet*  aitd  faggots,  lest   they  should  be 

•  spied,   secretly  and   traitorously   did   cover. 

•  And   that  afterwards  the  said  lidac  traitors 

•  traitorously  provided,  mid  brought  into  the 
1  cellar  aforesaid,  four  hogshead*  full  of  gunpow- 

•  dcr,  and  laid  divers  great  iron  bars  and  >kuks 


*  Wright,  traitorously -did   lly   and    withdraw 

*  themselves,  to  the  intent  traitorously  to  stir 

•  up  and  procure  such  popish  persons,  as  they 
(  could,  t )  join  with  tt'cm  in  actual,  publick, 

*  and  open  rebellion  ugaiusL  our  said  sovereign 

•  lord  the  king ;   and  to  that  end  did  publish 

•  divers  feigned  and   false  rumours,   that  the 
•papists  throats  should  have  been  cut;  and 

•  that  thereupon   divers  papists  were  in  arms, 

*  and  in  open,   publick,  and  actual   rt  hellion 

•  against  our  said  sovereign  lord  the  king,  in 

*  divers  paits  of  this  realm  of  Kngland/ 

To  this  Indictment  they  ail  pleaded,  Not 
Guilty;  and  put  themselves  upon  God  and  the 
cojuntry. 

Then  did  Sir  Erlzrard  Philips,  knight,  bis  ma- 
jesty's Serjeant  at  Law,  open  Uie  Indictment  to 
this  effect,  as  lblloweth  : 

The  ma  tier  that  is  now  to  be  offer'd  to  you 
mv  lord.-*  the  commissioners,  and  to  the  trial  of 
you  the  knights  and  gentlemen  of  the  jury,  is 
matter  of  Treason;  hut  of  such  horror,  and 
monstrous  nature,  thnt  before  now,  the  tongue 
of  iu;mi  never  dehier'd  ;  the  ear  of  man  never 
heard  ;  tin*  heart  of  man  jievcr  conceited ;  nor 
th<*  malice  of  hellish  or  earthly  devil  ever  prac- 
t:sed  :  For,  if  it  be  abominable  to  murder  the 
least ;  if  t  >  touch  God's  anointed  be  to  oppose 
themselves  against  God  ;  If  (by  blood)  to  sub- 
vert prince  ,  states  and  kingdoms,  be  hateful  to 
God  and  man,  as  all  true  Christians  must  ac- 
knowledge :  then,  b  >w  much  more  than  too  too 
monstrous  ih.ill  idl  Christian  htarts  judge  the 
horror  of  this  treason  ;  to  murder  and  sub- 
it  rt  such  a  king ;  such  a  queen  ;  such  a  prince ; 
such  a  progeny  ;  Mich  a  state  ;  such  a  gi#vern- 


*  upon  the  said  four  hogsheado,  and  the  afore-    merit,  so  compleu*  and  absolute,  that  God  np- 

*  said  other  quantities  of  gunpowder :  And  the    proves,   the   woihl  admires,  all   true  English    ' 

*  said  quantities  of  gunpowder,  bars,  and  stones,  |  hearts  honour  and  reverence;  the  pope  and  his 
'with  billets  and  faggot*,  lest  they  should  be  i  discijlcs  only  envies  anil  maligns? — The  pro- 

*  espy'd,  secretly  and  tratorously  did  likewise  .  feeding  wherein,  h  properly  to  he  divided  into 

*  cover.   And  that  the  said  Guy  i'awkes,  after-  i  three  general  heads.    1.  Matter  of  Declaration. 
f  wards,  for  a  full  and  final  accomplishment  of!  2.  Matter  of  Aggravation.     3.  Matter  of  Pro- 

*  the  said  treasons,  traitorous  intentions  and    bat  ion.      Myself  am  limited  to  deal  only  with 

*  purposes  aforesaid,  by  the  traitorous  procure-    the  Matter  of  Declaration,  and  that  is  contain'd 
4  ment,  as  well  of  tin*  said  Henry  Garnet,  Os-    within  the  compass  of  the  Indictment  ouly- 

*  wald  Tesmond,  John  Gerrard,  nod  other  jc- 1      For  the  other  two,  1  am  to  leave  to  him  te 

I 


105] 


STATE  TRIADS,  3  James  I.  lGO().~w  the  Gtrnpovder-Pbt. 


[166 


whose  place  it  belongeth.  The  substance  of 
which  declaration  coosisteth  in  four  parts.  1. 
In  the  Persons  and  Qualities  of  the  conspirators. 
2.  In  the  Matter  conspired.  3.  In  the  Mean 
and  Manntr  of  the  Proceeding  and  Execution 
of  the  Conspiracy.  And  Jthly,  Of  the  End  and 
Purpose  why  it  was  so  conspired. 

As  concerning  the  first,  being  the  Persons; 
ihcy  were,  Garnet.  Gerrard,  Tcsmoud,  jevuiis 
n»t  then  taken.  Thomas  Winter,  Guy  law  keg, 
Robert  Keyes,  Thomas  Bates,  Evernrd  Digby, 
Ambrose  Rook  wood,  John  Grant,  Robert  \V  in- 
ter, at  the  bar.  Robert  Catesby,  Thomas 
Percy,  John  Wright,  Christopher  \V  right,  slain 
in  rebellion.  Frauds  Tresham,  lately  dead. 
All  grounded  Romanists  and  corrupted  scholars 
of  so  irreligious  and  traitorous  a  school. — As 
concerning  the  second,  which  is  the  Matter 
conspired ;  it  wa>,  1.  To  deprive  the  king  of 
hi*  crown.  2.  To  murder  the  king,  the  queen, 
and  the  prince.  3.  To  stir  rebellion  and  sedi- 
tion in  th<»  kingdom.  4.  To  bring  a  miserable 
destruction  amongst  the  subjects.  5.  To  change, 
alter,  and  subvert  the  religion  here  established, 
6.  To  ruinate  the  ttatc  of  the  commonwealth, 
and  to  bring  in  strangers  to  invade  it. — As  con- 
cerning the  third,  which  is  the  Mean  and  Man- 
ner how  to  compass  and  execute  the  same ; 
they  did  all  conclude,  1.  That  the  king,  and 
lift  people  (the  papists  excepted)  wcrehercticks. 

2.  That  they  were  all  cursed,  and  excommu- 
nicated by  the  pope.  3.  That  no  hcretick 
could  be  king.  4.  That  it  was  law'ful  and  me- 
ritorious to  kill  and  destroy  the  kinc,  and  all 
the  said  hercticks. — The  mean  to  effect  it,  they 
concluded  to  be,  that,  1.  The  king,  the  queen, 
the  prince,  thv  lords  spiritual  and  temporal, 
rte  knights  and  bin-Leases  of  the  parliament 
th'<u!d  be  blown  up  wjth  powder.  2.  Th.it  the 
whole  royal   issue  male  should  be  destroyed. 

3.  That  they  would  take  into  their  custody 
Liiznbeth  and  Mary  the  king's  daughter?,  and 
proclaim  the  lady  Elizabeth  queen.  4.  That 
tiie?  should  feign  a  Proclamation  in  the  name 
of  Elizabeth,  in  which  no  mention  should 
W  made  of  alteration  of  religion,  nor  that 
Aff  were  parties  to  the  treason,  until  they 
nad  raised  power  to  perform  the  same ;  and 
tfcen  to  proclaim,  all  grievances  in  the  king- 
dom should  be  reformed. — That  they  also  took 
«Terol  oaths,  and  received  the  sacrament; 
for,  for  secrecy ;  secondly  for  prosecution ; 
except  they  were  discharged  thereof  by  three 
of  them. — That  after  the  destruction  of  the 
king,  the  queen,  the  prince,  the  royal  issue 
vale,  the  lords  spiritual  and  temporal,  the 
knights  and  burge?-ses,  they  should  notify  the 
»me  to  foreign  states ;  and  thereupon  sir  Ed- 
mand  Bay  nam,  an  attainted  person  of  treason, 
find  styling  himself  prime  of  the  damned  crew, 
should  be  sent  and  make  the  same  known  to 
tbe  pope,  and  crave  his  aid  :  an  embassador 
fit  both  for  the  message  und  persons,  to  be  sent 
betwixt   the   pope  and   the  devil. — Tl\at  the 

rirliament  being  prorogued   till  the    7th   of 
eb.  they  in  December  made  u  mine  under  the 
house  of  parliament)  purposing  to  place  their 


powder  there  ;  but  the  parliament  being  then 
further  adjourned  till  the  3d  of  October,  they 
in  Tent  following  hired  the  vault,  and  placed 
therein  20  barrels  of  powder. — That  they  took 
to  them,  Robert  Winter,  Grant,  and  Rook- 
wood,  gi\ing  them  the  oaths  and  sacrament  as 
aforesaid,  as  to  provide  munition. — July  20. 
They  laid  in  ten  barrels  more  of  powder,  lay- 
ing upon  them  divers  great  bars  of  iron,  and 
pieces  of  timher,  and  great  massy  stones,  and 
covered  the  same  with  faggots,  &c. — Septem- 
ber 20.  They  laid  iu  more,  4  hogsheads  of 
powder,  with  other  stores  and  bars  of  iron 
thereupon. — Nov.  4.  (The  parliament  being 
prorogued  to  the  5th)  at  11  a  clock  at  night, 
Fawkes  had  prepared,  by  the  procurement  of. 
the  resr,  touchwood  and  match,  to  give  fire  to 
the  powder  the  next  day. — That  the  Treason 
being  miraculously  discovered,  they  put  them- 
selves, and  procured  others  to  enter,  into  open 
Rebellion  :  and  cave  out  most  untruly,  it  was 
for  that  the  Papists  throats  were  to  be  cut. 

Attorney  General.  _ (Sir  Edward  Coke.)  It 
appeareth  to  your  lordships,  and  the  re*t  ot  this 
most  honourable  and  grave  assembly,  even  x 
by  that  which  Mr.  Serjeant  hath  already  open- 
ed, that  these  are  the  greatest  treasons  that 
ever  were  plotted  in  England,  and  concern  the 
greatest  king  that  ever  wai  of  England.  Rut 
when  this  assembly  shall  fuither  hear,  and  see 
discovered 'the  roots  and  branches  of  the  same, 
not  hitherto  published,  they  will  say  indeed, 
Quis  hac  posteris  sic  narrate  patent,  ut  facta 
non  Jicta  ease  videatitur  ?  That  when  the'.e 
things  shall  he  related  to  posterity,  they  will 
be  reputed  matters  feigned,  not  clone.  And 
therefore  in  this  so  great  a  cause,  upon  the 
carriage  and  even*,  whereof  the  eye  of  all 
Christendom  is  at  this  dav  bent :  I  shall  desire 
that  1  may  with  your  patience  be  somewhat 
more  copious,  and  not  so  succinct,  as  my  usual 
manner  hath  been;  and  yet  will  I  be  no  longer 
than  the  very  matter  itself  shall  necessarily  re- 
quire.  But  before  I  enter  into  the  particular 
narration  of  this  cause,  I  hold  it  fit  to  give  sa- 
tisfaction  to  some,  and  those  well  affected 
amongst  us,  who  have  not  only  marvelled,  hut 
grieved,  that  no  speedier  expedition  hath  been 
used  in  these  proceedings,  considering  the  mon- 
strousness  and  continual  horror  of  this  so 'des- 
perate a  cause. — 1.  It  is  ordo  nature,  agree- 
able to  the  order  of  nature,  that  things  of  great 
weight  and  magnitude  should  slowly  proceed, 
according  to  that  of  the  poet,  *  Tarda  solet 
magnis  rebus  ndisse  lines.*  And  surely  of 
these  things  we  may  truly  say, '  Nunquam  ante 
dies  nostros  talia  accidcrunt ;'  neither  hath  the 
eye  of  man  seen,  nor  the  ear  of  man  heard  the 
like  things  to  these. — 2.  Veritas  tewporit  frfia, 
Truth  is  the  daughter  of  time  ;  especially  in 
this  case,  wherein  by  timely  and  often  exami- 
nations, 1.  Matters  of  greatest  moment  have 
been  lately  found  out.  2.  Some  known  often- 
ders  and  those  capital,  but  lat^ltf,  apprehended. 
3.  Sundry  of  the  principal  arch-traitors  before 
unknown,  now  manifested,  as  the  Jesuits.  4. 
Heretical,  treasonable  and    damnable  book* 


,1,07]  STATE  TRIALS,  3  James  I.  1GOG.— The  Trials  of  the  Conspirators         [16$ 

Treasurer,  or  any  justice  of  the  one  bench  or 
other;  justices  of  assize,  or  any  other  judge 
mentioned  in  the  statute  of  25  Edw.  3.  sitting 
in  their  judicial  places  and  exercising  their 
offices."  And  the  reason  is,  for  that  every 
judge  so  sitting  by  the  king's  authority,  repre- 
sented the  majesty  and  person  of  the  Ling ; 
and  therefore  it  is  crimen  lata.mnjcstatis,  to 
kill  him',  the  king  being  always  in  judgment  of 
law  present  in  court.  But  in  I  he  high  court  of 
pniliameut,  every  man  by  virtue  of  the  king'* 
authority,  by  writ  under  the  great  seal,  hath  a 
judicial  place;  and  so  consequently  the  killing 
of  every  of  them  had  been  a  several  Treason, 
and  crimen  l<e$a  wajcttutis.  Besides  that  to 
their  treasons  were  added  open  rebellion,  bur- 
glary, robbery,  horse-stealiug,  &c.  So  that 
this  offence  is  such,  as  no  man  can  express  it, 
no  example  pattern  it,  no  measure  contain  it. 
— Concerning  foreign  princes  ;  there  was  here 
a  protestation  made  for  the  clearing  of  them 
from  all  imputation  and  ai^persion  whatsoever. 
— First,  For  that  whilst  kingdoms  stood  in  hos- 
tility, hostile  actions  arc  holden  honourable 
and  just.  Secondly,  It  is  not  the  king's  Ser- 
jeant, attorney,  or  sollicitor,  that  in  any  sort 
touch  or  mention  them  :  for  we  know  that  great 
princes  and  personages  are  reverently  and  re- 
spectfully to  be  spoken  of;  and  that  there  is 
lex  in  iermone  tcnenda.  But  it  is  Fawkes, 
Winter,  and  the  rest  of  the  offenders,  that 
have  confessed  so  much  as  hath  been  said  : 
and  therefore  the  king's  counsel  learned  doth 
but  repeat  the  offender's  confusion,  and  charge 
or  touch  no  other  person.  They  have  also 
slandered  unjustly  our  great  master  king  James, 
which  we  only  repeat,  to  shew  the  wickedness 
and  malice  of  the  offenders.  Thirdly,  So  much 
as  is  said  concerning  foreign  princes,  is  so  wo- 
ven into  the  matter  of  the  charge  of  these  of- 
fenders, as  it  cannot  be  severed,  or  singled 
from  the  rest  of  the  matter ;  so  as  it  is  inevi- 
table, and  cannot  be  pretermitted. — Now  as 
this  I'uwder-T reason  is  in  itself  prodigious  and 
unnatural,  so  it  is  in  the  conception   and  birth 


lately  found  out;  one  of  equivocation,  and 
another,  *  De  officio  Principis  Christiaui,'  of 
Francis  Tresham's. — 3.  There  have  been  al- 
ready twenty  aud  three  several  days  spent  in 
Examinations. — 4.  We  should  otherwise  ha\t 
hanged  a  man  unaltainted,  for  Guy  Fawkes 
^passed  for  a  time  under  the  name  of  John 
Johnson  :  so  that  if  by  that  name  greater  ex» 
pedition  had  been  made,  and  he  banged,  though 
we  had  not  missed  of  the  man,  yet  the  pro- 
ceeding would  not  have  been  so  orderly  or  jus- 
tifiable.— 5.  The  king  out  of  his  wisdom  and 
great  moderation,  was  pleased  to  appoint  this 
trial  in  time  of  assembly  in  parliament,  for 
that  it  concerned  especially  those  of  the  parlia- 
ment.— Now  touching  the  offences  themselves, 
they  are  so  exorbitant  and  transcendent,  and 
aggregated  of  so  many  bloody  and  fearful 
crimes,  us  they  cannot  be  aggravated  by  any 
iuferenee,  argument  or  circumstance  whatso- 
ever ;  and  that  in  three  respects :  First,  Be- 
cause this  offence  is  prima  impressionis,  and 
therefore  sine  nomine,  without  any  name  which 
might  be  udaauatum,  sufficient  to  express  it, 
given  by  any  legist,  that  ever  made  or  writ  of 
any  law?.  For  the  highest  treason  that  all  they 
could  imagine,  they  called  it  only  crimen  laste 
tnajestutis,  the  violating  of  the  majesty  of  the 
prince.  But  this  treason  doth  want  an  apt 
name,  as  tending  not  only  to  the  hint,  but  to 
the  death  of  the  king,  and  not  the  death 
of  the  king  only,  but  of  his  whole  king- 
dom, Non  Regis  scd  llegni,  that  is,  to  the 
destruction  and  dissolution  of  the  frame  and 
fabrick  of  this  antient,  famous,  and  ever-flou- 
rishing monarchy ;  even  the  deletion  of  our 
whole  name  and  nation  :  '  And  therefore  hold 
'  not  thy  tongue,  O  God,  keep  not  still  silence, 
'  refrain  not  thyself,  O  God ;   for  so  lo  thine 

*  enemies   make  a  murmuring,  and  they  that 
'  hate  thee  have  lift  up  their  heads:  They  have 

*  said,  Come,  and  let  us  root  them   out,  that 

*  they  be  no  more  a  people,  and  that  the  name 
f  of  Israel  may  be  no  more  in  remembrance.' 
Psal.  lxxxiii.  1 — o. — Secondly,  It  is  sine 
exemplo,  beyond  all  examples,  whether  in  fact 
or  fiction,  even  of  the  tragick  poets,  who  did 
beat  their  wits  to  represent  the  most  fearful 
and  horrible  murders. — Thirdly,  It  is  sine  w/o- 
do,  without  all  measure  or  >lint  of  iniquity; 
like  a  mathematical  line,  which  is,  divisibilis  in 
$cmpcr  daiaibilia,  infinitely  divisible  — It  is 
treason  to  imagine  or  intend  the  death  of  the 
kin::,  queen,  or  prince. — For  treason  is  like 
n  tree  whose  root  is  full  of  poison,  and  lieth 
secret  and  hid  within  the  earth,  resembling  the 
imagination  of  the  heutt  of  man,  which  is  so 
nee  ret  as  God  only  kuowcth  it.  Now  the  wis- 
dom of  the  law  provide!  I  Nor  the  blading  aud 
nipping,  both  of  the  leave-,  blossoms,  and  buds 
which  proceed  from  this  root  of  Treaxm;  either 
l»v  wokU,  which  an*  like  to  leaves,  or  bv  some 
uveil  act,  which  may  be  rocmbled  to  buds  or 
|ilov»om»,  before  it  cometh  to  such  fimt  and 
ri|»f  uevi,  a-*  would  bring  utter  deduction  and 
dcio latum  upon  the  whole  state. — It  is  hke- 
him  Tnwoii  to  kill  Uie  lord  Chancellor,  lord 


most  monstrous,  as  arising  out  of  the  .dead 
ashes  of  former  Treasons.  For  it  had  three 
roots,  all  planted  and  watered  by  Jesuits,  and 
English  Romish  Catholicks  :  the  first  root  in 
Englaud,  in  December  and  March  ;  the  second 
in  Flanders,  in  June ;  the  third  in  Spain,  in 
July.  In  England  it  had  two  branches,  one  in 
December  was  twelve  months  before  the  death 
of  the  late  queen  of  blessed  memory  ;  another 
in  Mai ch  wherein  she  died. — First  in  Decem- 
ber, a.  i).  loUl,  do  Henry  (Jarnet  superior  of 
the  Jesuits  in  England,  Kobt.  Testnond,  Jesuit, 
ltobt.  (.'atesby  (who  was  bono  subacto  ct  vcr- 
$uto  ingenioet  profunda  pcrjidia)  together  with 
Francis  Troham  and  others,  in  the  names, 
and  for  the  behalf  of  all  the  English  Komish 
Catholicks,  iinploy  Thomas  Winter  turn  Spain, 
hi  for  i  he  general  pood  of  the  Koin'feh  Catho- 
lick  cau»e  ;  and  by  him  doth  Gainet  write  his 
letters  to  father  Crcswell,  jfsuit,  residing  in 
Spain,  in  that  behalf.  With  Thos.  Winter  doth 
Tuinoud,  alius  Grcwieway  the  jctuit,  go  as  au 


I 


IG9] 


STATE  TRIALS,  3  James  I.  1600.— m  tla  Gunpowder-Plot. 


[170 


associate  and  confederate  in   tjiat  conspiracy. 
The  message  (which  was  principally  committed 
unto  the  said   Winter)  was,  that    he  should 
make  a  proposition  and  request  to  the  king  of 
Spain,  in  the  behalf  and  names  of  the  English 
Catholicks,  That  the  king  would  send  an  army 
hither  into  England,  and   that  the   forces  of 
the  Catholicks  in  England  should  he  prepared 
to  join  with  him,  and  do  him  service.     And 
further,  that  he  should  move  the  king  ot*  Spain 
to  bestow   some  pensions  here   in   England, 
tpon  sundry  persons  Catholicks,  and  devoted 
to  his  service:  and  moreover,  to  give  adver- 
feemeut,  Unit  the  said  king  of  Spain,  making 
sse  of  the  general  discontentment  that  yoong 
gentlemen    and   soldiei6    were   in,   might    no 
doubt,  by  relieving  their  necessities,  have  them 
all  at   his  devotion. — And  because  that  in  all 
attempts  upon  England,  the  greatest  difficulty 
was  ever   found   to  be  the  transportation  of 
hortes ;  the  Catholicks  in  England  would  as- 
sure the  king  of  Spain  to  have  always  in   rea- 
diness lor  his  use  and  service, .  1500  or  2000 
borse*,    against   any   occasion   or  enter  prize. 
Now  Thomas  Winter  undertaking  this  negotia- 
tion, and  with  Tesmond  the  Jesuit  coming  into 
Spain,  by  means  of  father  Creswell  the  legier 
Jesuit  there,  as   hath  been  said,  had  readily 
tpeech  with  Don  Pedro  Francesa  second  se- 
cretary of  state,  to  whom  he  imparted  his  mes- 
Hge,  as  also  to  the  duke  of  Lerma  ;   who  as- 
sured  him,  that  it  would   be  an  office  very 
grateful  to  his  mnster,  and   that  it  should  not 
want   his   best    furtherance. — Concerning   the 
place  for  landing  of  the  king  of  Spain's  army, 
which  from  the  English  Romish  Catholicks  he 
desired  might  be  sent  to  invade  the  land ;    it 
wa*  resolved,  That  if  the  army  were  great, 
then  Essex  and  Kent  were  judged  fittest,  (where 
DMe  by  the  way,  who  was  then  lord  Warden 
"f  the  Cinque  Ports) :    if  the  army  were  small, 
awl  trusted  upon  succour  in   England,  then 
Miliurd-haven  was  thought  more  convenient. — 
Now  there  being  at  that  time  hostility  betwixt 
Uth  kingdoms,  the  king  of  Spain  willingly  em- 
Wed   the  motion,  saying,  that  he  took  the 
a*»:ige  from  the  Catholicks  very  kindly,  and 
that  in  all  things  he  would  respect  them  with 
as  great  care  as  his   proper  CnstiliatK.     But 
(**  his  further  answer,  and  full  dispatch,  Thos. 
Winter  was  appointed  to  attend  the  progress. 
In  the  end  whereof,  being  in  summer   time, 
count  [Miranda  gave  him   this  answer  in  the 
We  If  of  his  master,  That  the  king  would  be- 
llow 100,000  crowns   to   ih  it  u»c,  half  to  he 
paid  that  year,  and  tho  rest   the  next  spring 
following ;  and  withal  required  that  we  should 
he  as  good  as  our  promise,  for  the  next  soring 
Le  meant  to  be  with  us,  and  set  foot  in  England. 
Ai-.l  lastly,  he  desired  on  the  king's*  behalf,  of 
Winter,  that  he  might  have  certain  advertise- 
ment and  intelligence,  if  so  it  should  in  the 
Bean  time   happen   that  the  queen  did  die. 
Tho*.  Winter  laden  with  these  hopes,  returns 
into  England  about  a  month  before  Christians, 
and  delivered  answer  of  all  that  had  passed,  to 
iitory  Garnet,  Robert  Catesby,  and  Francis 


Tresham.  But  soon  after  set  that  glorious 
light,  her  majesty  died  :  '  Mira  cano  ;  Sol  oc- 
'  cubuir,  Nox  nulla  secuta  est/ — Presently 
after  whose  death  was  Christ.  Wright,  another 
messenger,  sent  over  into  Spain  by  Garnet, 
(who  likewise  did  write  by  him  to  Creswell, 
for  the  furtherance  of  the  negociation)  Catesby 
and  Tresham,  in  the  name  and  behalf  of  all 
the  Romish  Catholicks  in  England  ;  as  well  to 
carry  news  of  her  majesty's  death,  as  also  to 
continue  the  aforesaid  negotiation  for  an  inva- 
sion and  pensions,  which  by  Tho.  Winter  had 
before  been  dealt  in.  And  in  the  Spanish 
court,  about  two  months  after  his  arrival  there, 
doth  •  Christopher  Wright  meet  with  Guy 
Fawkes  ;  who  upon  the  22nd  of  June  was  em- 
ployed out  of  Flanders  from  Brussels  by  sir 
William*  Stanley,  Hugh  Owen,,  (whose  linger 
hath  been  in  every  treason  which  hath  been 
of  late  years  detected)  and  Baldwyu  the  legier 
Jesuit  in  Flanders  ;  from  whom  likewise  the 
said  Fawkes  carried  letters  to  Cresswell  in 
Spain,  for  the  countenancing  and  furtherance 
of  his  affairs. — Now  the  end  of  Fawkes's  im- 
ployment  was,  to  give  advertisement  to  the 
king  of  Spain,  how  the  king  of  England  was 
like  to  proceed  rigorously  with  the  Catholicks, 
and  to  run  the  same  course  which  the  late 
queen  did  ;  and  withal  to  intreat  that  it  would 
please  him  to  send  an  army  into  England  to 
Milford- haven,  where  the  Romish  Catholicks 
would  be  ready  to  assist  him ;  and  then  the 
forces  that  should  be  transported  in  Spinola's 
G allies,  should  be  landed  where  thev  could 
most  conveniently.  And  these  their  several 
messages  did  Christopher  Wright  and  Guy 
Fawkes  in  the  end  intimate  and  propound  to 
the  king  of  Spain.  But  the  king  as  then  very 
honourably  answered  them  both,  that  he  would 
not  in  any  wise  further  listen  to  any  such  mo- 
tion, as  having  before  dispatched  an  embassy 
into  England,  to  treat  concerning  peace. 
Therefore  this  course  by  foreign  forces  failing, 
they  fell  to  the  Powder-plot,  Catesby  and 
Tresham  being  in  at  all ;  in  the  treason  of  the 
earl  of  Essex,  ih  the  treason  of  Watson  and 
Clarke  seminary  priests,  and  also  in  this  of  the 
Jesuit*;  such  a  greedy  appetite  had  they  to 
pructi.se  against  the  state. 

The  test  of  that  which  Mr.  Attorney  then 
spake  continuedly,  was  by  himself  divided  into 

i  three  general  parrs.  The  first  containing  cer- 
tain Considerations  concerning  this  Treason. 
The  second  Observations  about  the  same.  The 

!  third  a  Comparison  of  this  Treason  of  the 
Jesuits,  with  that  of  the  seminary  priests,  and 
th.it  other  of  Raleigh  and  others. 

For  the  considerations  concerning  the  Tow* 
der-t reason,  they  were  in  number  eight:  that 
is  to  say,  1.  The  persons  by  whom.  2.  The 
persons  against  whom.  3.  The  time  when. 
4.  The  place  where.    5.  The  means.    6.  The 

j  end.  7.  'Hie  secret  contriving.  And  lastly, 
the  admirable  discovery  thereof. 

1.  For  the  Persons  olfeuding,  or  by  whom, 
they  are  of  two  sorls  ;  either  of  tho  clergy,  or 
laity :  and  for  each  of  them  there  is  a  several 


171]         STATE  TRIALS,  3  J  am  es  I.  1 606.— The  Trials  of  the  Conspirators         [172 


objection  made.  Touching  those  of  the  laity, 
it  is  by  sonic  given  out,  that  they  are  such  men, 
as  admit  just  exception,  cither  desperate  in 
estate,  or  base,  or  not  settled  in  their  wits.; 
audi  as  are  sine  rcltgiune,  sine  sede,  sine  fide, 
sine  re,  et  sine  spe  ;  without  religion,  without 
habitation,  without  credit,  without  means, 
without  hope.  But  (that  no  man,  though 
never  so  wicked,  may  he  wronged)  true  it  is, 
they  were  gentlemen  of  good  houses,  of  excel- 
lent parts,  howsoever  most  perniciously  se- 
duced, abused,  corrupted,  und  jesuited,  of 
very  competent  fortune*  and  states.  Besides 
that  Percy  was  of  the  house  of  Northumber- 
land, sir  William  Stanly,  who  principally  im- 
ployed  Fawkes  into  Spain,  and  John  Talbot  of 
Grafton,  who  at  the  least  is  in  case  of  mispri- 
sion of  high-treason,  both  of  great  and  honour- 
able families.  Concerning  those  of  the  spiri- 
tuality, it  is  likewise  falsly  laid,  That  there  is 
never  a  religious  man  in  this  action,  lor  I 
never  yet  knew  a  treason  without  a  Romish 
priest ;  but  in  this  there  are  very  many  Jesuits, 
who  arc  known  to  have  dealt  and  passed 
through  the  whole  action  :  three  of  them  are 
lexers  and  statesmen,  us  Henry  Garnet  alias 
Walley,  the  superior  of  the  Jesuits,  legier  here 
in  England  ;  father  Cresswell,  Icgior  Jesuit  in 
Spain,  father  Baldwyn  legier  in  Flanders,  as 
Parsons  at  Rome  ;  besides  their  cursory  men, 
as  Gerrard,  Oswald,  Tcsiuond,  alius  Greene- 
way,  Hammond,  Hall,  and  other  Jesuits.  So 
that  the  principal  offender*  are  the  seducing 
Jesuits  ;  men  that  use  the  reverence  of  religion, 
yea,  even  the  most  sacred  and  blessed  name  of 
Jesus,  as  it  mantle  to  cover  their  impiety, 
blasphemy,  treason  and  rebellion,  and  all  man- 
ner of  wickedness;  as  by  the  help  of  Christ 
shall  be  made  most  apparent  to  the  plory  of 
God,  and  the  honour  of  our  religion.  Con- 
cerning this  sect,  their  studies  and  practices 
principally  consist  in  two  chl's,  to  wit,  in  depos- 
ing of  kings,  end  disponing  of  kingdoms  :  their 
profession  and  doctrine  is  a  religion  of  distinc- 
tion*-, the  greatest  part  of  them  being  without 
the  text,  and  therefore  in  very  deed,  idle  and 
vain  conceits  of  their  own  brains  :  not  having 
tnrmbra  dividenlia,  that  is,  all  the  nans  of  the 
division  warranted  by  the  Word  oi  God  ;  mid 
'  ubi  lei  non  distinguit,  ncc  nos  distinguerc 
'  debemus.'  And  albeit  that,  princes  hold  their 
crowns  immediately  of  and  from  God,  by  right 
of  lawful  succession  and  inheritance  inherit  by 
royal  blood;  yet  think  these  Jesuits  with  a 
goose-quill,  within  four  distinctions  to  remove 
the  crown  from  the  head  of  any  king  christened, 
and  to  deal  with  them,  as  the  old  Romans  are 
Wiid  to  have  done  with  thttir  viceroys,  or  petty 
kings,  who  in  effect  were  but  lieutenants  unto 
them,  to  crown  and  uncrown  them  at  their 
pleasures.  Neither  so  only,  hut  they  will  pro- 
scribe and  expose  them  to  be  butchered  by 
vassals,  which  is  against  their  own  canons,  for 
priests  to  meddle  in  cause  of  blood.  And  by 
this  means  they  would  make  the  condition  of  a 
king  tar  worse  than  that  of  the  poorest  crea- 
ture that  breathetb.     First  saith  Simanca; 


'  rTseretici  omncs  ipso  jure  sunt  excommuni- 

*  cati,  et  a  communione  ridel iura  dins  proscrip- 
1  tionibusseparatietquotannis  in  ca?na  Domini 

*  excommumcantur  a  Papa :'  So  then  every 
heretick  stands  and  is  reputed  with  them  us 
excommunicated  and  accursed,  if  not  de  facto, 
yet  dejure,  in  law  and  right,  to  all  their  intents 
and  purposes ;  therefore  may  he  be  deposed, 
proscribed  -and  murdered.  I,  but  suppose  be 
be  not  a  professed  heretick,  but  deaketh  re- 
servedly, and  keepeth  his  conscience  to  him- 
self; how  stands  ne  then  ?  Simanca  answer* 

*  Quacri  autew  solet  an  hareticus  occultns  ei- 
'  conimunicatus  sit  ipso  jure,  et  in  alias  etiam 
4  pamas  iucidat  contra  haereticos '  statutas  f 
'  Cui  quiestioni  simpliciter  jnrisperiti  respon- 
'  dent,  quodetsi  haeresis  occulta  sit,  nihilominus 
'  occultus  hareticus  incidit  in  illas  paenas.' 
Whether  he  be  a  known  or  a  secret  heretick, 
all  is  one,  they  thunder  out  the  tame  judgment 
and  curse  for  both;  whereas  Christ  saith, 
'  Nolite  judicare,'  judge  not,  which  is,  saith 
Augustine,  *  Nolite  judicare  dc  occultis,'  of 
those  things  which  are  secret.  But  suppose 
that  a  prince  thus  accursed  and  deposed,  will 
eftsoons  return  and  conform  himself  to  their 
Romish  Church,  shall  he  then  be  restored  to 
his  state,  and  again  receive  his  kingdom? 
Nothing  less  :  for  saith  Simanca,  '  Si  reges  aut 

*  alii   principes  Christiuni  lacti   sint  harretici, 

*  protinus  subjecti  et  vassali  ab  eorum  dominio 

*  liberantur  ;  nee  jus  hoc  recuperabunt,  quam- 
'  \is  postea  reconcilientur  ecclesia?.'  O  bur, 
'  sancta  mater  e colesia  nunqiiam  claudit  gremi- 
(um  redcunti;'  our  holy'mother  the  church 
never  shuts  her  bosom  to  any  convert.  It  is 
true,  say  they,  but  with  a  distinction,  quoad 
an'uimm  :  therefore  so  he  may,  and  shall  be  re- 
stored ;  that  is,  spiritually,  in  respect  of  hi* 
soul's  health.  Quoad  annn/tm,  he  shall  again 
be  taken  into  the  holy  church  ;  but  not  quoad 
rcgnuw,  in  respect  of  hi*  kingdom,  or  state 
temporal,  he  must  not  be  restored ;  the  reason 
is,  because  all  hold  only  thus  far,  *  Modo  non 
'  sir  ad  damnum  ecclesiuc,'  so  tint  the  church 
receive  thereby  no  detriment.  I,  but  suppose 
that  such  an  unhappy  deposed  prince  have  a 
son,  or  lawful  and  ii»lit  heir,  and  he  also  not 
to  be  touched  or  spotted  with  his  father's 
crime,  shall  not  he  at  least  succeed,  and  be 
invested  into  that  princely  estate?  Neither 
will  this  down  uith  them  :  heresy  is  a  leprosy, 
and  hereditary  disease:  *  Et  ex  leprosis  pa- 
'  rentihus  loprosi  generantur  filii ;'  '  Of  leprous 
parents,  come  leprous  children.'  So  that  saith 
Simanca,  *  Propter  -haercsiui  regis,  non  solum 
'  rex  regno  privatur,  bed  ct  ejus  filii  a  regni  sue- 
4  cessionc  pelluntur,  ut  nostcr  lupus'  (who  is 
indeed,  '  Vir  secundum  notnen  ejus,*  a  wolf 
as  well  in  nature  as  name)  '  luculcnter  probbt.9 
Now  if  a  man  doubt  whom  the*  here  mean  by 
an  heretick,  Crcswell  in  his  book  called  Philo- 
pater,  gives  a  plain  resolution  ;  *  ltcgnandi 
'jus  amittit'  (saith  he)  'qui  rcligionem  Ro- 
manam  deserit,'  he  is  the  heretick  «e  speak 
of;  even  whosoever  forsakes  the  religion  of 
the  Church  of  Rome!  he  is  accursed,  deprived} 


^Adl^^. 


173] 


STATE  TRIALS,  3  James  I.  1600.— in  the  Gunpvivder-Plot. 


[17* 


proscribed,  never   to  be  absolved  but  by  the  . 
pope   himself,  never  to  be  restored   either  in 
buuself,  or  his  posterity. 

One  place  amongst  many  out  of  Creswell's  j 
PUlopater,  shull  serve  to  give  a  taste  of  the  je-  J 
suitical  spirits  and  doctrine;  which  is,  sect.  2. 
page  109.     *  Hinc  ctiam  infert  univcrsu  theolo- 

*  gorum  ac  jurisconsultorum  ecclcsiasticorum 
'  scbola  (et  est  cerium  et  de  fide)  rmemcuuque 
1  pnncipeiii  Christiunum,  si  a  lteligione  Catho- 
'  Ika  manifesto  dillcxcrit,  et  alios  avocare  volu- 
'  tnt,  excidcre  statim  omui  p>  test  ate  ac  digni- 
4  tile,  ex  ipsa  vi  juris  tuiu  huinani  turn  divini, 
1  iiocque  ant  edict  am  sententiarn  supreini  pasto- 
1  ns  ac  judicis  contra  ipsuin  prolatam,  et  sub- 

*  ditos  quoscunque  liberos  esse  ab  omni  jura- 

*  meiui  o  bug  at  ion  e,  quod  deobedientia  tanquain 

*  pnncipi  legititno  prastitissent ;  posseque  et 
'  dehere  (si  vires  habeant)  istiusmodi  hominem 
'  taocjuuin  apostatam,  haereticum,  ac  Christi  Do- 
'  mini  dt-sertorem,  et  reipub.  suae  inimicum  bos- 

*  teuiuue  ex  hominum  Christianorum  dommatu 
'  ejicere,  ne  alio-*  inticiat,  vel  suo  exemplo  aut 
4  impcrio  a  fide  avert  at.     Atquc  hate  certa,  de- 
'finita   et   indubitata  virorum   doctissimorum 
'seutentia/     That  is,  this  inference  also  doth 
tie  whole  school  both  of  divines  and  lawyers 
make,  (and  it  is  a  position  certain,  and  to  be 
UiMloubtedly    believed)  that   if  any   Christian 
prince  whatsoever,  shall  manifestly  turn  from 
the  Catholic  religion,  and  desire  or  seek  to  re- 
claim otlier  men  from  the  same,  he  presently 
tklieih  from  all  princely  power  and  dignity;  and 
that  also  by  virtue  and  force  of  the  law  itself, 
U>di  drtine  and  human,  even  before  any  sen- 
tence pronounced  against  him  by  the  supreme 
foator  and  judge.      And  that  his  subjects,  of 
whnt  estate  or  condition  soever,  are  freed  from 
til  bond  uf  oa:h  of  allegiance,  which  at  any  time 
uVv  hod   made   unto  him  as  to   their  lawful 
prince.      Nay,  that  they  both  may  and  ought, 
proTided    they   bote   competent  strength  and 
free,  cast  out  such  a  man  from  bearing"  rule 
QoDgst  Christians,  as  an  apostate,  an  heretic, 
%  backslider  and  revolt er  from  our  Lord  Christ, 
udau  enemy  to  his  own  state  and  common- 
»eiith,  Jert  pcrluip*  he  might  infect  others,  or 
h\  Lis  example  or  command   turn  them  from 
t.c  faith.     And  this  is  the  certain,  resolute,  and 
wj<mbtcd  judgment  of  the  best  learned  men. 
But  Tresham  in  Ins  hook,  De  Ollicio  Prmcipis 
CL'Utiani,  goeth  beyond  all  the  rest ;    for  he 
frluialy  concluueth  and  determineth,  that  if  any 
prince  shall  but  favour,  or  shew  countenance  to 
«i  heretick,  he  presently  h^cth  his  kingdom. 
hi  hi)  fifth  chapter,  he  propounded  this  pro- 
Ueni, '   An  aliqua  possit  secundum  conscien- 

*  tuuii  subditis  esse  ratio,  cur  legitimo  sno  regi 
■  Ulluuu  sine  scclere  movcant  ?'  Whether  there 
may  be  any  lawful  cause,  justifiable  in  con- 
tcieiice,  for  subjects  to  take  arms  without  sin, 
agajnst  their  lawful  prince  and  sovereign  ?  The 
resolution  is, '  Si  priiiccps  hxreticus  sit  et  obsti- 
1  uau-  ac  pertinacitcr  intolcrahiiis,  summi  pa»- 

*  torn  rirvina  potestate  deponatur,  et  uliud  ca- 
1  put  conslitoator,  cui  subditi.se  jungant,  et  le- 
1  gtUiao  online  et  authoritate  ty  rami  idem  amo- 


'  veant.  Princcps  indulgendo  hareticos  uon 
*  solum  Deum  oilendit,  sed  perdit  et  regnum  et 
'  gentem/  Their  conclusion  therefore  is,  that 
for  heresy,  as  above  is  understood,  a  prince  is 
to  be  deposed,  and  his  kingdom  bestowed  by  the 
pope  at  pleasure;  and  that  the  people,  upon 
pain  of  damnation,  are  to  take  part  with  him 
whom  the  pope  shall  so  constitute  over  them. 
And  thus  whilst  they  imagine  with  the  wings  of 
their  light-feathered  distinctions  to  mount  above 
the  clouds  and  level  of  vulgar  conceits,  they 
desperately  fall  into  a  sea  of  gross  absurdities, 
blasphemy,  and  impiety.  And  surely  the  Je- 
suits were  so  far  in  gaged  in  this  treason,  as  that 
some  of  them  stick  not  to  say,  that  if  it  should 
miscarry,  tlmt  they  were  utterly  undone,  and 
that  it  would  overthrow  the  state  of  the  whole 
society  of  the  Jesuits  :  And  I  pray  God  that  in 
this,  they  may  prove  true  prophet*,  that  they 
may  become  like  the  Order  of  Templarii,  so 
called  for  that  they  kept  near  the  sepulc  hrc  at 
Jerusalem,  who  were  by  a  general  and  universal 
edict  in  one  day  throughout  Christendom  quite 
extinguished,  as  being  ordo  impictutis,  an  order 
of  impiety.  *  And  so  from  all  sedition  and 
'  privy  conspiracy,  from  all  false  doctrine  and 
1  heresy,  from  hardness  of  heart,  and  contempt 
'  of  thy  word  and  commandment,  Good  Lord, 
'  deliver  us/  '1  heir  protestations  and  pretences, 
are  to  win  souls  to  God ;  their  proofs  weak, 
light,  and  of  no  value  ;  their  conclusions  false, 
damnable,  and  damned  heresies :  The  first 
mentioneth  God,  the  second  savoureth  of  weak 
and  frail  man,  the  last  of  the  devil ;  and  their 
practice  easily  appearcth  out  of  the  dealing  of 
their  holy  father. 

Henry  3rd  of  France  for  killing  a  cardinal  was 
excommunicated,  and  after  murdered  by  James 
Clement  a  monk  :  That  f;»ct  doth  Nxtus  Quin- 
tus  then  pope,  instead  of  orderly  censuring 
thereof,  not  only  approve,  but  commend  in  a 
long  consistory  oration.  '  '1  hat  a  monk,  a  re- 
'  ligious  man/  with  he, (  hath  slain  the  unhappy 
'  French  king,  in  the  midst  of  his  host,  it  is  rurum 
1  insigne,  monoruhilefocinns,  a  rare,  a  notable, 
'  and  a  memorable  act :  yea  further,  it  is  J  acinut 
s  non  sine  Dei  optimi  mas i mi  particulars  provi- 

*  dentia  et  disposition?,  \c.  A  fact  done  not 
'  without  the  special  providi  nee  and  nppoint- 
(  meat  of  our  good  God,  and  the  su«ge*tion  and 

*  assistance  ot  his  holy  spirit;  \ea,  a  far  greater 

*  work  than  was  the  slaying  of  HolufVrnes  by 
'  holy  Judith/  Vcrtu  nowwhus  ficturn  ocvide- 
rat,  A  true  monk  had  killed  the  fclse  monk  ; 
lor  that,  as  was  reported;  Henry  3  sometimes 

,  would  use  that  habit  when  he  went  in  proces- 
sion :  and  for  France,  even  that  part  thereof 
which  enteituinelh  the  popish  religion,  yet  never 
could  of  ancient  time  brook  this  usurped  autho- 
rity of  the  «ee  of  Rome,  nainelv,  that  the  pope 
had  power  to  excommunicate  kings,  and  absolve 
subjects  from  their  oath  of  allegiance :  w  Inch  po- 
sition is  x)  directly  opposite  to  all  the  canons  of 
the  church  of  France,  and  to  all  the  decree*  of  the 
king's  parliament  there,  as  that  the  very  body  of 
Sorhonne.  and  the  whole  university  at  Paris, 
condemned  it  as  a  most  schi»inatical,  pestiknt9 


175  J         STATE  TRIALS,  3  James  I.  1G0G.— The  Trials  of  the  Conspirators        [170 


and  pernicious  doctrine  of  the  Jesuits;  as  may 
appear  in  a  treatise  made  to  the  French  king, 
aud  set  out  1602,  intitled,  *  Le  franc  ^Discours/ 
But  to  return  to  the  Jesuits,  Catesby  was  re- 
solved by  the  Jesuits,  that  the  fact  was  both 
lawful  and  meritorious ;  and  herewith  he  per- 
suaded and  settled  the  rest,  as  they  seemed  to 
make  doubt. 

Concerning  Thomas  Bates,  wlio  was  Cates- 


was  resolved,  and  that  by  good  authority,  as 
Cuming  from  the  Superior  of  the  Jesuits,  that  in 
conscience  it  miglrt  be  done,  yea.  tho*  it  were 
with  the  destruction  of  many  innocent**,  rather 
than  the  action  should  quail e.  Likewise  fa- 
ther Hammond  absolved  all  the  traitors  at 
Robert  Winter's  house,  upon  Thursday  afier 
the  discovery  of  the  Plot,  they  being  then  in 
open   rebellion  :  And  therefore,  *  Hos  O  Hex 


bv's  man,  as  he  was  wound  into  this  treason  by  magne  caveto  :'  and  let  all  kings  take  heed,  how 
his  master,  so  was  he  resolved,  when  he  doubt-  they  either  favour  or  give  allowance  or  conni- 
ed  of  the  lawfulness  thereof,  by  the  doctrine  of    vance  unto  them 


the  Jesuits.  For  the  manner,  it  was  after  this 
sort:  Catesby  noting  that  his  man  observ'd 
him  extraordinarily,  as  suspecting  somewhat  of 
that  which  he  the  said  Catesby  went  about, 
Called  him  to  him  at  his  lodging  iti  Fuddle- 
wharf;  and  in  the  presence  of  Thomas  Winter, 
asked  him  what  he  thought  the  business  was 
they  went  about,  for  that  he  of  late  had  so  sus- 
piciously and  strangely  marked  them.  Bates 
answerM,  that  he  thought  they  went  about  some 
dangerous  matter,  whatsoever  the  particular 
were :  whereupon  they  sisked  him  again  what 
he  thought  the  business  might  be ;  and  he  an- 
swered that  he  thought  they  intended  some 
dangerous  mutter  about  the  parliament-house, 
because  he  had  been  stmt  to  get  a  lodging  near 
unto  that  place.  Then  did  they  make  the  said 
Bates  take  an  oath  to  be  secret  in  the  action  ; 
which  being  taken  by  him,  they  then  told  him 
that  it  was  true,  that  they  were  to  execute  a 
great  matter ;  namely,  to  lay  jnnvder  under  the 
parliament-house  to  blow  it  up.  Then  they 
also  told  him  that  he  was  to  receive  the  sacra- 
ment for  the  more  assurance,  and  thereupon  he 
went  to  confession,  to  the  said  Tesmond  the 
Jesuit:  and  in  his  confession  told  him,  that 
he  was  to  conceal  a  very  dangerous  piece  of 
work,  that  his  master  Catesby  and  Thomas 
Winter  had  imparted  unto  liim,  aud  said  he 
much  feared  the  matter  to  be  utterly  unlawful, 
and  therefure  therein  desired  the  counsel  of  the 
Jesuit ;  and  revealed  unto  him/the  whole  in- 
tent and  purpose  of  blowing  up  the  parliameiiL- 
houbc  upon  the  first  day  of  the  assembly;  at 
what  time  the  king,  tin?  queen,  the  prince,  the 
lords  spiritual  and  temporal,  the  judges  the 
knights,  citizens  aud  burgesses,  should  all  have 
been  there  con  vented  and  met  together.  But 
the  Jesuit  being  a  confederate  therein  before, 


•*4Q,  The  second  Consideration  respecteth  the 
Persons  against  whom  this  treason  was  intend- 
ed  ;  which  are,  1.  The  king,  who  is  God's 
anointed.  Nay,  it  hath  pleased  God  to  commu- 
nicate unto  him  his  own  name ;  '  Dixi,  Dii  est  is/ 
not  substantially  or  essentially  so,  neither  yet 
on  the  other  side  Uxurpativt,  by  unjust  usur- 
pation, as  the  devil  and  the  pope;  but  Potesta* 
tivt,  as  having  his  power  derived  from  God 
within  his  territories.  2.  Their  natural  liege 
lord,  and  dread  sovereign,  whose  just  interest 
and  title  to  this  crown  may  be  drawn  from  be- 
fore the  conquest ;  and  if  he  were  not  a  king 
by  descent,  yet  deserved  he  to  be  made  one 
for  his  rare  and  excellent  endowments  aud  or- 
naments both  of  body  and  mind.  Look  into  his 
true  and  constant  religion  and  piety,  his  jus- 
tice, his  learning  above  all  kings  christened,  his 
acumen,  his  judgment,  his  memory;  and  you 
will  say  that  he  is  indeed,  '  Solus  prateritis 
*  major,  meliorque  futuris.'  But  because  I 
cannot  speak  what  I  would,  I  will  forbear  to 
speak  what  I  could.  Also  against  the  queen,  a 
most  gracious  and  graceful  lady,  a  most  virtu- 
ous, fruitful,  and  blessed  vine,  who  hath  hap- 
pily brought  forth  such  olive-branches,  as  that 
'  iu  benedict ione  erit  meinoria  ejus,'  her  me- 
mory shall  be  blessed  of  all  our  posterity.  Theu 
against  the  royal  issue  male,  next  under  God, 
and  alter  our  sovereign,  the  future  hope,  com- 
fort, joy,  and  life  of  our  state.  And  as  for  pre- 
serving of  the  good  lady  ftli/abcth  the  king's 
daughter,  it  should  only  have  been  for  a  time  to 
have  served  for  their  purposes,  as  being  thought 
a  fit  project  to  keep  others  in  appetite  for  their 
own  further  advantage;  and  then  God  know- 
eth  what  would  have  become  of  her.  To  con- 
clude, against  all  the  most  honourable  and  pru- 
dent counsellors,  aud  all  the  true-hearted  and 


resolved   and  incoura^ed  him  in   the   action;     worthy  nobles,  all   the  reverend  and   learned 


and  said  that  he  should  be  secret  in  that  which 
his  master  had  imparted  unto  him,  for  that  it 
was  for  a  good  cause.  Adding  moreover,  that 
it  was  not  dangerous  unto  him,  nor  any  offence 
to  conceal  it :  and  thereupon  the  Jesuit  gave 
him  absolution,  and  Bates  received  the  sacra- 
ment of  him,  in  the  company  of  his  master  Ro- 


bishops,  all  the  grave  judges  and  sages  of  the 
law,  all  the  principal  knights,  gentry,  citizens 
and  burgesses  of  parliament,  the  llower  of  the 
whole  realm.  Hnrret  animus,  1  tremble  even 
to  think  of  it:  Miserable  desolation  !  no  king, 
no  queen,  no  prince,  no  h-»ue  male,  no  counsel- 
lors  of  state  ;     no   nobility,   no    bishops,   no 


bert  Cutfesbv  aud  Thomas  Winter.     Also  when  »  indues  !  ()  barbarous  and  more  than  Scythian 


Jtookwood  in  the  presence  of  sundry  of  the  trai- 
tors, having  first  received  the  oath  of  secrecy, 
had  by  Catesby  imparted  unto  him  the  Plot  of 
blowing  up  the  king  and  state  ;  the  said  Kook- 
Wood  being  greatly  amazed  thereat,  answered, 
that  it  was  a  matter  of  conscience  to  take  away 
to  much  blood :  but  Catesby  replied,  that  he 


or  Thracian  cruelty  !  No  mantle  of  holiness  can 
cover  it,  no  pretence  of  n.  ligion  can  excuse  it, 
no  shadow  of  good  intention  can  extenuate  it; 
God  and  heaven  condemn  ir,  man  and  earth 
detest  it,  the  offenders  themselves  were  asham- 
ed of  it ;  wicked  people  exclaim  against  it,  and 
the  souls  of  ail  Una  Christian  subjects  abhor  it  I 


177] 


STATE  TRIALS,  3  James  I.  1606.— m  the  Gunpowder  Plot. 


[178 


miserable,  but  jet  sudden  had  their  ends  been, 
who  should  have  died  in  that  fiery  tempest,  and 
storm    f  gunpowder. '  Bui  more  miserable  had 
they  been  that  had  escaped ;  and  what  horrible 
effects  the  blowing  up  of  so  much  powder  and 
stuff  would  have  wrought,  not  only  amongst  men 
and  beasts,  but  even  upon  insensible  creatures, 
churches,  and  houses,  and  all  places  near  ad- 
joining; you  who  ba\e  been  martial  men  best 
know,     for  my  self,  '  Vox   faucibus  hsret  :* 
fo  that  the  king  may  say  with  Che  kingly  pro- 
phet David ;  *  O  Lord,  the  proud  are  risen 
'against  me,  and  the  congregation,  even  syna- 
'  2PPh  tne    synagogue  of  naughty  men  have 

*  sought  after  my  soul,  and  have  not  set  thee  be- 
'  fore  their  eyes/  Psal.  lxxxvi.  14.  '  The  proud 
'  have  laid  a  snare  for  ine,  and  spread  a  net 

*  abroad,  yea,  and  set  traps  in  my  way/  Psal. 
cd.  5.  '  But  let  the  ungodly  lull  into  their 
'own  nets  together,  and  let  me  ever  escape 

*  them/  Psalm/  cxli.  11.  We  may  say, '  If  the 
'Lord  himself  had  not  been  on  our  side;  yea, 
4  if  the  Lord  himself  had  not  been  on  our  side, 

*  irlien  men  rose  up  against  us,  they  had  swal- 
1  Wed  us  up  quick,  when  they  were  so  wrath- 
'  fully  displeased  at  us :.  but  praised  be  the 

*  Lord,  which  hath  uot  given  us  over  for  a  prey 
'  unto  i heir  teeth.  Out  soul  is  escaped  even 
4  a»  a  biid  not  of  the  snare  of  the  fjwlcr,  the 
'  ?n:ire  is  broken,  and  we  are  delivered ;  our 
1  help  staudcth  in  the  name  of  the  Lord  which 

*  had;  made  heaven  and  earth/   Psaiin  exxiv. 

3.  'Ilic  third  consideration  respects  the  'Jinie 
«hen  this*  Treason  was  conspired  ;  wherein 
cute  tlu.t  it  was  primo  Ji'cobi,  even  at  that  time 
then  his  majesty  used  so  great  lenity  towards 
Recusants,  in  that  by  the  space  of  a  whole 
jt.ir  and  four  months,  he  took  no  pennlty  by 
itstute  of  them.  So  far  was  his  majesty  from 
KTerity,  liiat  besides  the  benefit  and  grace  be- 
fore specified,  he  also  honoured  all  alike  with 
advancement  and  favours;  and  all  this  was 
continued  uutil  the  priests  Treason  by  Watson 
*ad  Clarke.  But  as  there  is  wiser  ic  or  dia  jju- 
tiev,  so  is  there  likewise  crud>  lit  as  parcens  : 
w*  they  were  not  only  by  this  not  reclaimed 
fa  (as  plainly  appearethj  became  far  worse. 
Ait,  the  Kuinish  Catholicks  did  at  that  very 
uae  certify  that  it  was  very  like,  the  king  would 
deal  rigorously  with  them,  and  the  same  do 
(be*  traitors  now  pretend,  as  the  chiefest  mo- 
cvt;  wlicreas  indeed  thty  had  Treason  on  foot 
aauDftt  the  king,  before  they  saw  his  face  in 
Eo^aml :  neither  afterwards,  for  all  the  lenity 
be  med  towards  them,  would  any  whit  desist  or 
ftlent  from  their  wicked  attempts.  Nay.  (that 
■tich  coineth  next  to  be  remembered  in  this 
part  of  their  arraignment)  they  would  pick 
Gflttlje  time  of  parliament  for  the  execution  of 
their  hideous  Treasons,  w heroin  the  flower  of 
tie  land  being  assembled,  for  the  honour  of 
f'r*l,  the  pood  of  his  Church  and  this  Common- 
*t-alth ;  they  might  as  it  were  with  one  blow, 
but  •round/  but  kill  and  destroy  the  whole 
Mte:  •«►  that  with  these  men,  impuwta*  conti- 
**»«  ajffrtum  hibuit  peccandi,  lenity  having 
(flee  bred  a  hop*  of  impunity,  begat  uot  only 

VOL.  II. 


insolency,  but   impenitency  and   increase  of 
sin. 

4.  We  are  to  consider  the  Place,  which  was 
the  sacred  senate,  the  house  of  parliament. 
And  why  there  ?  For  that,  say  they,  unjust  laws 
had  formerly  been  there  made  against  catho- 
licks: therefore  that  was  the  fittest  place  of  all 
others  to  revenue  it,  and  to  do  justice  in.  If 
any  ask  who  should  have  executed  this  their 
justice,  it  was  justice  Fawkes,  a  man  like 
enough  to  do  according  to  his  name.  If  by 
what  law  they  meant  to  proceed ;  it  was  gun- 
powder-law, "fit  for  justices  of  hell.  But  con- 
cerning those  laws  which  they  so  calumniate  as 
unjust,  it  *hail  in  few  words  plainly  appear, 
that  they  were  of  the  greatest  both  moderation 
and  equity  that  ever  were  any.  T\»r  from  the 
year  1  Elizabeth,  unto  11,  all  papists  came  to 
our  church  and  service  without  scruple  I  my- 
self have  seen  Cornwallis,  Bcddiu^field,  and 
others  at  church  :  so  that  then  for  the  space  of 
10  years,  they  made  no  conscience  nor  doubt 
to  communicate  with  us  in  prayer.  But  when 
once  the  Bull  of  Pope  Pius  Quinrus  was  come 
and  published,  wherein  the  queen  was  accursed 
and  deposed,  and  her  subjects  discharged  of 
their  ohedience  and  oath,  yea  cursed  if  they  did 
obey  her ;  then  did  they  all  forthwith  refrain 
the  Church,  then  would  they  have  no  more 
society  with  us  in  prayer  :  so  that  recusancy  in 
them  is  not  for  religion,  but  in  au  acknowledg- 
ment of  tho  pope's  power,  and  a  plain  mani- 
festation what  their  judgment  is  concerning  the 
right  of  the  prince  in  respect  of  regal  power 
oiul  place.  Two  years  after,  viz.  13  Elizabeth, 
was  there  a  law  made  against  the  bringing  in 
of  Bulls,  &c.  Anno  18,  catr.e  Mayne  a  priest 
to  move  sedition.  Anno  '20,  came  Campion 
the  hrst.  Jesuit,  who  was  sent  lo  make  a  party 
here  in  England,  for  the  execution  of  the  former 
Bull:  tht u  follow  treasonable  books.  Anno 
'.'o  Elizabeth,  after  so  many  years  sufferance, 
there  were  laws  made  against  recusants  and  se- 
ditious books :  the  penalty  or  sanction  for 
recusancy,  was  not  loss  of  life,  or  limb,  or 
whole  stale,  but  only  a  pecuniary  mulct  and 
penalty,  and  that  also  until  they  would  submit 
and  conform  themselves,  and  again  come  to 
Church,  as  they  had  clone  for  10  years  before 
the  Hull.  And  yet  afterwards  the  Jesuits  and 
Romish  prie^th  both  coming  daily  into,  and 
swarming  within  the  icalm,  and  infusing  conti- 
nually this  poison  into  the  subjects  hearts,  that 
by  reason  of  the  said  Hull  of  Pius  Quiulu.-,  her 
majesty  stood  excommunicated  and  deprived 
of  her  kiniiflom,  and  that  her  subjects  were 
discharged  i-f  all  obedience  to  her,  endeavour- 
ing hy  all  means  to  draw  them  from  (heir  duty 
and  allegiance  to  her  majesty,  and  to  reconcile 
tiiem  to  the  Church  of  Kome  ;  then  27  Eliz. 
a  law  was  made,  that  it  should  be  Treason  for 
any  (not  to  be  a  priest  and  an  Englishman, 
bom  the  queen's  natural  subject,  but  for  any) 
being  so  bom  her  subject,  and  made  a  Komish 
piicst,  M  come  into  any  of  her  dominions,  to 
infect  any  of  her  royal  subjects  with  th?ir  trea- 
sonable and  damnable  persuasions  uud  prac- 

N 


170]         STATE  TRIALS,  3  James  I.  1G0<3.— lite  Trials  qfihe  Cotapiratort         [180 

tinuing  and  carriage  of  this  treason ;  to  which 
purpose  there  were  four  means  used  : 

Jhst,  Catesby  was  commended  to  the  mar- 
quis for  a  rtgimeut  of  ho>se  in  the  Low-Coun- 
tries, (which  is  the  same  that  the  lord  Arundel 
now  hath)  that  under  that  pretence  he  might 
have  furnished  this  treason  with  horses  without 
suspicions  The  second  means  was  an  oath, 
which  they  solemnly  and  severally  took,  as 
well  for  secrecy,  as^ersevcrance and  constancy 
in  the  execution  of  iheir  plot.  The  form  of 
the  oath  was  as  follows  :  r  You  shall  swear  by 
the  blessed  Trinity,  and  by  the  sacrament 
you  now  purpose  to  receive,  never  to  dis- 
close directly  nor  indirectly,  by  word  or  cir- 
cumstance, the  matter  that  shall  be  proposed 
to  you  to  keep  secret,  nor  desist  from  (he  ex- 
ecution thereof,  until  the  rest  shall  give  you 
'  leave.* — This  oath  was,  by.Gerrard  the  Jesuit 
given  to  Catesby,  Percy,  Christ.  Wright,  and 
Thomas  Winter  at  once;  and  by  Greenweft 
the  Jesuit,  to  Bates,  at  another  time,  and  so  to 
the  rest. — The  third,  was  the  Sacrament; 
w  hid;  they  impiously  and  devilishly  prophaned 
to  this  end. — But  the  last,  was  their  perfidious 
and  perjurious"  equivocating,  abetted,  allowed, 
and  j untitled  by  the  Jesuits,  not  only  simply  to 
conceal  or  deny  an  open  truth,  but  religiously 
to  aver,  to  protest  upon  salvation,  to  swear 
that  which  themselves  know  to  be  most  false ; 
and  all  this,  by  reserving  a  secret  and  private 
sense  inwardly  to  themselves:  whereby  they 
are,  by  their  ghostly  fathers,  persuaded,  That 
they  may  safely  and  lawfully  elude  any  ques- 
tion whatsoever. 

And  here  was  shewed  a  Book  written  not 
long  before  the  queen's  death,  at  what  time 
Thomas  Winter  was  employed  into  Spain,  en- 
titled, '  A  Treatise  of  Equivocation. '  Which 
book  being  teen  and  allowed  by  Garner,  the 
superior  of  the  Jesuits,  and  Blackwtl  the  arcli- 
priest  of  England,  in  the  beginning  thereof, 
Garnet  with  hV»  o»n  haitd  put  out  those  words' 
in  the  title  *  of  equivocation,' and  made  it  thus; 
'  A  Treatise  against  Lyiug  and  fiauduleut  Dis- 
simulation.' Whereas  in  deed  and  truth  it 
makes  for  both,    *  Speciosaque  nomina  culpa 

*  imponis.  Gnrncttc  tua\'  And  in  the  end 
thereof,  Black  we  I  bespi  inkles  it  with  his  bless- 
ing, saying,  '  Traciatus  iste,  valde  doctus  et 

vtrc  pius,  et  Catholicus  est ;  certe  S.  Scrip- 
turaru.n,  patruui,  doctorum,  scholasticoruin, 
cnncr.ii-taruin,  et  oj -rimaruiu  rationum  nnesi- 
diis  plenissime  firmat  rcquitatcin  a?quivoca- 
tif>i:i.r» ;  ideoque  dignisaimus  eat  qui  typispro- 

*  pagelur,  ad  cousolaiionem  aitlictorum  Cutho- 
1  lieorum,  et  omnium  piorum  instructiontm.' 
That  is,    *  This  Treatise  is  very  learned,  godly, 

*  and  Catholick,  and  doth  most  fully  confirm 
the  equity  c.f  equivocation,  by  strong  proofs 
out  of  ho'y  Scriptures,  fathers,  doctors, 
schoolmen,  canonists,  and  soundest  reasons  ; 
and  therefore  worthy  to  be  published*  in 
priut,  for  the  comfort  of  afflicted  Catholick*, 
and  instruction  of  all  the  godly.' 
Now,  in  this  Book  theie  is  propositi  menta- 

Us,  ve;  bulls,  hcripta,  and  mixta;  distinguishing 


tices;  yet  so,  that  it  concerned  only  such  as 
were  made  priests  sithence  her  majesty  caihe- 
to  the  crown,  and  not  before. 

Concerning  the  execution  of  these  laws,  it  is 
to  be  observed  likewise,  that  wheieas  in  the 
quinquenuy,  the  live  tears  of  queen  Mary, 
there  were  cruelly  put  to  death  about  300  per- 
sons for  religion  ;  in  all  her  majesty's  time  by 
the  space  of  44  years  and  upwards,  there  were 
lor  treasonable  practices  executed,  iu  all  not 
150  pncs'.s,  nor  abote  hvo  receivers  and  har- 
Ixmrvrs  of  them ;  and  for  religion  not  any  one. 
And  here  by  the  way,  I  desire  those  of  parlia- 
ment to  observe,  that  it  is  now  questioned  and 
doubted,  whether  the  law  of  recusants  and  re- 
conciled persons  do  hold  for  Ireland  also, 
and  the  pans  beyond  the  seas:  that  is,  whe- 
ther such  as  were  there  reconciled  be  within 
the  compass  o(  the  statute  or  not,  to  the  end  it 
may  be  cleared  and  provided  for. 

Now  against  the  usurped  power  of  the  see  of 
Home,  we  have  of  former  times  about  13  se- 
veral acts  of  parliament :  so  thut  the  crown 
mid  the  king  of  England  is  no  ways  to  be 
drawn  under  the  government  of  any  foreign 
i>ower  wliR' Soever,  neither  oweth  duty  to  any, 
but  is  immediately  wider  God  himself.  Con- 
cerning the  pope,  for  33  of  (hem,  namely  unto 
by\\ ester,   they   were  famous  martyrs.       But 

*  Quicunque  desiderat  primatum  in  ttrris,  in- 
'  vtukt  confusiouom  in  crrlis  :'  He  that  desires 
primacy  upon  earth,  shall  surely  find  confusion 
in  hea\en. 

5.  The  fifth  Consideration  is  of  the  end, 
which  was  to  biing  a  final  and  fatal  confusion 
upon  the  state,  lor  howsoever  they  sought  to 
shadow  their  impiety  with  the  cloke  of  ri-li- 
£io n,  yet  they  intended  to  breed  a  confusion 
tit  to  get  new  alterations;  for  they  went  to 
join  with  Romish  Catholicks,  and  discontented 
persons. 

(5.  Now  the  sivth  point,  which  is  the  means 
to  compass  and  work  these  designs,  were  damn- 
able- :  by  mining,  by  3(5  barrels  of  powder, 
hating  crows  ot  iron,  stones  and  wood  laid 
v.pou  the  ban  els  to  have  made  the  breach  the 
gi<  HliT.  Lord,  what  a  wind,  what  a  fire,  what 
a  motion  and  coin-notion  of  earth  and  air 
would  there  hate  Ken  !  But  as  it  is  in  the 
book  o!'  Km"!;,  when  Klias  was  in  the  cave  of 
the  mount  lloreb,  and  that  he  was  called  forth 
to  tiaud  before  the  Lord,  behold  a  mighty 
stroi.g  wind  rent  the  mountains,  and  brake  the 
aock«  :  '  sed  nnn  in  vuito  Domiuu?,*  '  but  the 
Lord  was  not  in  the  wind.'  .And  after  the 
wind,  came  a  commotion  of  the  earth  and  air; 

*  Et  lion   iu  commotione  Dominus,* 4  the  Lord 

wns  not   iu  that  commotion  ;'    ami   after  the 

commotion  came  lire  ;  '  et  non  in  igne  Duini- 

4  nus,*    *  the  Lord   was  not  in  the  tire/     So 

neither  was  God  in  auv  part  of  this  monstrous 

action.     The  authors  whereof  were  in  this  re- 

■pect   worse   than    the   \ery  damned  spiiit  of 

Dives,  who,  as  it  is  in  the  gospel,  desired  that 

Others  should  not  come  *  iu  locum  tormento- 
xum/ 

7.  The  next  coniideration  is,  the  secret  con- 


IS  I  ]  STATE  TRIALS,  3  James  I.  1 600.— w  the  Gunpowder  Plot. 


[184 


of  a  mental,  a  verbal  u  written,  and  a  mixed 
proposition  ;  a  very  labyrinth  to  lead  men  into 
error  and  falshood. — For  example,  to  give  you 
a  little  taste  of  this  art  of  cozening  :  A  man  is 
asked  upon  his  oath  this  question,  Did  you  see 
such  a  one  to-day  ?  He  may  by  this  doctrine 
answer,  No,  though  he  did  see  him,  viz.  re- 
serving this  secret  meaning,  not  with  purpose 
to  tell  my  Lord  Cluef  Justice  :  Or,  I  see  him 
not  vhiima  beatified,  or,  not  in  Venice,  &c. 
Likewise  to  answer  thus  ;  I  was  in  the  com- 
pany ;  reserving  and  intending  secretly  as 
added,  this  word  not  :  As  Strange  the  Jesuit 
did  |o  my  Lord  Chief  Justice  and  myself. 
Take  one  or  two  of  these  out  of  that  very  book, 
as  for  purpose  :  A  man  comet h  unto  Coventry 
in  time  of  a  suspicion  of  plague,  and  at  the 
gates  the  officers  meet  him,  and  upon  his  oath 
examine  him  :  Whether  he  came  from  London 
©r  no,  where  they  think  certainly  the  plague  to, 
be :  This  man  knowing  for  certain  the  plague 
not  to  be  at  London,  or  at  least  knowing  that 
the  air  is  not  there  infectious,  and  that  he  only 
rid  through  some  secret  place  of  London,  not 
utaying  there,  may  safely  swear,  he  came  not 
from  London  ;  answering  to  their  final  inten- 
tion in  their  demand,  that  i«,  whether  he  came 
•o  from  London  that  he  may  endanger  their 
city  of  the  plague,  although  their  immediate 
intention  were  to  know,  whether  he  came  from 
London  or  no.  That  man,  saith  the  book,  the 
very  tight  of  nature  would  clear  from  perjury. — 
In  like  manner,  one  being  convented  in  the 
bishop's  court,  because  he  refused  to  take  such 
a  one  to  his  wife,  as  he  had  contracted  with, 
per  verba  de  prase nti,  having  contracted  with 
another  privily  before,  so  that  he  cannot  be 
husband  to  her  -that  claimeth  him  ;  may  an- 
swer, That  he  never  contracted  with  her  per 
verba  de  pnrsenti :  understanding  that  he  did 
not  so  contract  that  it  was  a  marriage:  for 
that  is  the  final  intention  of  the  judge,  to  know 
whether  there  were. a  sufficient  marrjage  be- 
tween them  or  no. 

Never  did  father  Cranmer,  father  Latimer, 
father  Ridley,  those  blessed  martyrs,  know 
these  shifts,  neither  would  they  have  used  them 
to  have  saved  their  lives.  And  surely  let  every 
good  man  take  heed  of  such  jurors  or  witnesses, 
there  being  no  faith,  no  hond  of  religion  or  ci- 
vility, no  conscience  of  truth  in  such  men  ;  and 
therefore  the  conclusion  shall  be  that  of  the 
prophet  David,  '  Domine  libera  animam  meam 
'  a  labiis  iniquis  et  a,  lingua  dolosa  ;'  *  Deliver 
'  me,  O  Lord,  from  lying  lips,  and  from  a  de- 
'  ceitful  tongue.' 

S.  P.  Q.  It.  was  sometimes  taken  for  these 
words,  Setiatus  Popu/usguc  Homanus  ;  The 
Senate  and  People  of  Home :  but  now  they 
may  truly  be  expressed  thus,  Stultus  Populux 
qrtttrit  Rotnam ;  A  foolish  People  that  runneth 
to  Rome.  And  here  was  very  aptly  and  de- 
lightfully inserted  and  related  the  apologue  or 
tale  of  the  cat  and  the  mice  :  The  cat  having  a 
long  time  preyed  upon  the  mice,  the  poor  crea- 
tures at  last,  for  their  safety,  contained  them- 
selves within  their  holes ;    but  the  cat  finding 


his  prey  to  cease,  as  being  known  to  the  mice, 
that  he  was  indeed  their  enemy  and  a  cat,  de- 
viseth  this  course  following,  viz.  change  th  his 
hue,  getteth  on  a  rf  ligious  habit,  shaveth  his 
crown,  walks  gravery  by  their  holes  :    And  yet 

I)erceiving  that  the  mice  kept  their  holes,  and 
ooking  out,  suspected  the  worst,  he  formally, 
and  father-like,  said  unto  them,  *  Quod  fuerarn 
'  non  sum,  frater ;  caput  aspice  tonsum  !'  '  Oh 
'  brother,  I  am  not  as  you  take  me  for,  no  more 
'  a  cat;  see  my  habit  ami  shaven  crown  I9 
Hereupon  some  of  the  more  credulous  and  bold 
among  them,  were  again,  by  this  deceit, 
snatched  up ;  and  therefore,  when  afte rwards 
he  came  as  before  to  entice  them  forth,  they 
would  come  out  no  more,  but  answered,  '  Cor 

*  tibi  restat  idem,  vix  tibi  pnesto  fidem  ;*  '  Talk 
'  what  you  can,  we  will  -never  believe  you,  you 

*  have  still  a  cat's  heart  within  you.*  You  do  not 
watch  and  pray,  but  you  watch  to  prey.  And 
so  have  the  Jesuits,  yea,  and  priests  too,  for 
they  are  all  joined  in  the  tails  tike  Sampson's 
foxes,  Kphraim  against  Man  asses,  and  Ma- 
nasses against  Ephramn,  but  both  against  Judab. 

8.  The  hist  consideration  is  concerning  the 
admirable  Discovery  of  this  treason,  which  was 
by  one  of  themselves,  who  had  taken  the  oath 
and  sacrament,  as  hath  been  said,  against  his 
own  will :  the  means  was  by  a  dark  and  doubts 
ful  letter  sent  to  my  lord  Mounteagle  *. 

And  thus  much  as  touching  the  Considera- 
tions :  the  Observations  follow,  to  be  considered 
in  this  Powder-Treason,  and  are  briefly  thus: 
1.  If  the  cellar  had  not  been  hired,  the  mine* 
work  could  hardly,  or  not  at  all  lwive  been  dis- 
covered ;  for  the  mine  was  neither  found  nor 
suspected  until  the  danger  was  p:tst,  and  the 
capital  offenders  apprehended,  and  by  them- 
selves, upon  examination,  confessed.  2.  How 
the  king  was  divinely  illuminated  by  Almighty 
God,  the  only  ruler  of  princes  like  an  Angel  of 
God,  to  direct  and  point  as  it  were  to  the  very 
place,  to  cause  a  search  to  be  made  there,  out 
of  tho*c  d.irk  words  of  the  letter  concerning  a 
terrible  blow.  3.  Observe  a  miraculous  acci- 
dent which  befel  in  Stephen  Littleton's  house, 
called  Iiolbach  in  Staffordshire,  after  they  had 
been  two  days  in  open  rebellion,  immediately 
before  the  apprehension  of  these  traitors  :  for 
some  of  them  standing  by  the  fire-side,  and 
haying  set  two  pound  and  an  half  of  powder  to 
dry  in  a  platter  l»efore»  the  fire,  and  underset 
the  said  platter  with  a  great  linen  bag  full  of 
other  powder,  containing  some  fifteen  or  six- 
teen pounds  ;  it  so  fell  out,  that  one  coming  to 
put  more  wood  into  the  fire,  and  casting  it  on, 
there  flew  a  coal  into  the  platter,  by  reason 
•whereof  the  powder  taking  fire  and  blowing  up, 
scorched  those  who  were  nearest,  as  Catesby, 
Grant,  and  Rookwood,  blew  up  the  roof  of  the 
house  :  and  the  linen- bag  which  was  set  under 
the  platter  being  therewith  suddenly  carried 
out  through  the  breach,  fell  down  in  the  court- 


*  The  Letter  to  lord  Mounteagle  is  inserted 
in  king  James's  Account  of  the  Discovery  of  the 
Gunpowder  Plot,  which  follows  this  Case. 


lvS3]        STATE  TRIALS,  3  James  I.  1606.— 77/4?  Trials  of  the  Conspirators        [184 

var,d  wliole  and  unfired ;  which  if  it  had  took  fire    was  spoken  of  the?  Jesuits  nnd  priests,  so  they  all 
in  the  room,  would  h:;ve  slain  them  nil  there,    were  joined  in  the  ends,  like  Sampson's  Foxes 
so  that   they  never  sh  *nld   have  come  to  this 
trial  :  and  '  Lex  justior  nulla  est,  quam  necis 
'  artifices  arte  perire  sua  ?'   4.  Note,  that  gun- 


powder was  the  invention  of  a  fryer,  one  of  the 
Romish  rabble,  as  printing  was  of  a  soldier.  5. 
Observe  the  sending  of  Bainham,  one  of  the 
damned  crew,  to  the  high-priest  of  Rome,  to 
give  signification  of  this  blow,  and  to  crave  hi* 
direction  and  aid.  6.  That  for  all  their  stir- 
ring and  rising  in  open  rebellion,  und  notwith- 
standing the  false  rumours  given  out  by  them, 
'Hint  the  throats  of  all  Catholicks  should  be 
cut ;  such  is  his  majesty's  blessed  government, 
and  the  loyalty  of  his  subjects,  as  they  got  not 
nny  one  man  to  take  their  parts  besides  their 
own  company.  7.  Observe,  the  sherilf,  the 
ordinary  minister  of  justice,  according  to  the 
duty  of  h:s  oftice,  with  such  power  as  he  oil  a 
sudden  by  law  collected,  suppressed  them.  8. 
That  God  suffered  their  intended  mischief  to 
come  so  near  the  period,  as  not  to  be  discover- 
ed, but  within  few  hours  before  it  should  have 
been  executed.  9.  That  it  wa*  in  the  entering 
of  the  Sun  into  the  Tropick  of  Capricorn  when 
they  began  their  mine ;  noting,  that  by  mining, 
tliey  should  descend  ;  and  bv  hanging,  ascend. 
10.  That  there  never  was  any  Protestant  mi- 
nister in  any  treason  and  murder  as  yet  at- 
tempted within  this  realm. 

T  am  n.nv  come  to  the  last  part,  which  I  pro- 
posed in  the  beginning  of  this  discourse;  and 
that  i*,  touching  certain  compare ms  of  this 
Powder-Trcusun  of  the  Jesuit*,  with  that  of 
Rakish,  and  the  other  of  the  priests  Watson 
and  Clarke.  1.  They  had  all  one  end,  and 
that  wn&  the  ltomi>h  Catholick  cause.  2.  The 
same  means,  by  Popish  and  discontented  per- 
sons, priests  and  lay- men.  3.  They  all  plaid 
at  hazard  ;  the  priests  were  at  the  bye,  Raleigh 
at  the  main,  but  these  in  at  all ;  a»  purposing 
to  destioy  all  the  king's  royal  is»uc,  and  withal 
the  whole  estate.  4.  They  were  all  alike  ob- 
liged by  the  same  oath  and  >ucrament.  ,5. 
The  same  proclamations  were  intended,  after 
the  fact,  to  be  published  for  reformation  of 
abuses.  C.  The  like  army  pmxided  for  inva- 
ding, to   laud  at  Milford-Ha\en,  or  in  Kent. 

7.  The   same   pensions   of  crowns   promised. 

8.  The  agreeing  of  the  times  of  the  treason  of 
Raleigh  and  these  men,  which  was  whin  the 
constable  of  Spain  was  coming  hither  :  and 
Raleigh  said,  thv»re  could  bo  no  suspicion  of 
any  invasion,  seeing  that  the  constable  of  Spain 
was  then  expected  for  a  tteaty  of  peace  ;  and 
the  navy  might  be  brought  to  the  Croyn  under 
pretence  of  the  service  in  the  Low-Countries. 


in  the  tails,  howsoever  severed  in  their  heads. 

The  conclusion  shall  be  from  the  admirable 
clemency  and  moderation  of  the  king,  in  that 
howsoever  these  traitors  have  excteded  all 
others  their  predecessors  in  mischief,  aud  so 
'  Crescentc  malitia,  cresccrc  dobuit  et  pama  ;' 
yet  neither  will  the  king  exceed  the  usual  pu- 
nishment of  law,  nor  invent  any  new  torture  or 
torment-  fur  ihem ;  but  is  graciously  pleased  to 
afford  them  as  well  an  ordinary  coui>e  of  trial, 
as  an  ordinary  punishment,  much  inferior  to 
their  offence.  And  surely  worthy  of  observa- 
tion i$  the  punishment  by  law  provided  and  ap- 
pointed lor  High-Treason,  which  we  call  crmtn 
l(csa  tiwjtstutts.  For  first  after  a  traitor  hath 
had  his  just  trial  and  is  convicted  and  attaint- 
ed, he  shall  have  his  judgment  to  be  drawn  to 
the  place  of  execution  from  his  prison  as  being 
not  worthy  any  more  to  tread  upon  the  face 
of  the  earth  whereof  he  was  made :  also  tor  that 
he  hath  been  retrograde  to  nature,  therefore  is 
he  drawn  backward  at  a  horse-tail.  And 
whereas  God  hath  made  the  head  of  man  the 
highest  and  most  supreme  part,  as  being  his. 
chief  grace  and   ornament,    *  Pronaque  cum 

*  spec  tent  aniinalia  ccetera  terrain  os  hoinini 

*  sublime  dedit ;'  he  roust  be  drawn  with  his 
head  declining  downward,  and  lying  so  near  the 
ground  as  may  be,  being  thought  unfit  to  take 
benefit  of  the  common  air.  For  which  c«iuse 
also  he  shall  be  strangled,  being  hanged  up  by 
the  neck  between  heaven  and  earth,  as  deemed 
unworthy  of  both,  or  either  ;  as  likewise,  that 
the  eyes  of  men  may  behold,  and  their  hearts 
contemn  him.  Then  is  he  to  be  cut  down 
alive,  and  to  have  his  privy  parts  cut  off  and 
burnt  before  his  face  a&  being  unworthily  begot-, 
ten,  and  unfit  to  leave  any  generation  alter  him. 
His  bowels  and  inlny'd  parts  taken  out  and 
burnt,  who  inwardly  had  conceived  and  luir- 
boured  in  his  heart  such  horrible  treason.  Af- 
ter, to  have  l.is  head  cut  off,  which  had  imagi- 
ned the  mischief.  And  lastly  his  body  to  be 
quartered,  and  the  quarter*  set  up  in  some  high 
and  eminent  place,  to  the  view  and  detestation 
of  men,  and  to  become  a  prey  for  the  fowls  of 
the  air. 

Aud  this  is  a  reward  due  to  traitors,  whose 
hearts  be  hardened  :  For  that  it  is  phytic  of 
state  and  government,  to  let  out  corrupt' blood 
from  the  heart.  But,  •  Po>nitentiu  vera  nun- 
«  quam,  stra  sed  puMiitentia  sera  raro  vera/ 
True  repentance  is  indeed  never  too  late :  but 
late  repentance  is  seldom  found  true  :  Which 
vet  1  pray  the  merciful  Lord  to  grant  unto  them, 
that  having  a  sense  of  their  offences,  they  may 


were  hanged  for  words  than  for  deeds.  And 
before  Raleigh's  treason  was  discovered,  it  was 
reported  in  Spain  that  Don  Raleigh  and  Don 
Cobhain  should  cut  the  king  of  England's 
throat. 

I  say  not,  that  we  liave  any  proofs,  that 
these  of  the  Powder- Plot  wen*  acquainted  with 
Raleigh,  or  Raleigh  with  them  :  but  as  before 


And  KaU-iirh  further  said,   That  many  more ''make  a  true  and  sincere  confession  both  for 


their  souls  health,  and  for  the  good  nnd  safety 
of  the  king  and  this  state.  And  for  the  rest 
that  are  not  yet  apprehended,  my  prayer  to 
(tud  is,  '  Ut  aud  couvertantur  ne  pereant,  aut 
*  confundantur  ne  noceant ;'  that  either  they 
may  be  converted,  to  the  end  they  perish  not, 
or  el*e  confounded,  tlint  they  hurt  not. 
Alter  this,  by  the  direction  of  master  At  tor* 


185] 


STATE  TRIALS,  3  James  I.  1(306.— in  the  Gunpowder  Phi. 


[180 


ne) -General,   were  tlieir  several  examinations 
(subscribed  by  ttieinselves)  shewed  purticularly 
unto  them  and  acknowledged  by  them   to  be 
their  own,  and  true,   wherein  every  one  had 
confessed  the  treason.  Then  did  master  Attor- 
ney desire,  That  albeit  that  which  had  been 
already  done  and  confessed  at  the  bar,  might 
t«  all-sufficient  for  the  declaration  and  justifica- 
tion of  the  course  of  justice  then  held,  especi- 
ally seeing  we  have  reus  confitcntcs,  the  traitors 
<mn  voluntary  confessions  at  the  bar  ;  yet  for 
further  satisfaction  to  so  great  a  presence  and 
■udience,  and  tlieir  better  memory  of  the  car- 
riage of  these  treason?,  the  voluntary  and  free 
confessions  of  all  the  said  several  traitors  in  writ- 
mi:  subscribed  with  their  own  proper  hands,  and 
acknowledged  at  the  bar,  by  themselves  to  be 
true,  were   openly  and    distinctly  read ;    By 
which,  amongst  other  tilings,  it  appeared  that  ' 
Bates  was  absolved  for  what  he  undertook  con- 
cerning the  Powder- treason,  and  being  therein 
warranted' by  the  Jesuits.     Also  it  appeared, 
that  Hammond  <he  Jesuit,  after  that  he  knew 
the  Powder- treason  was  discovered,  and  that 
these  traitors  had  been  in  actual  rebellion,  con- 
fessed them,  and  gave  them  absolution :  and 
tins  was  on  Thursday  the  7  th  of  November. 

Here   also    was   mention  made  by  master 
Attorney  of  the  Confessions  of  Watson  and 
Clarke,  seminary  priests,  upon  their  apprehen- 
sion ;  who  affirmed,  that  there  was  some  trea- 
son intended  by  the  Jesuits,  and  then  in  hand ; 
as  might  appear.     1.  By  their  continual  nego- 
tiating  at  that  time  with  Spain,  which  they 
inured    themselves   tending    to  nothing   but 
a  preparation  for  a  foreign  commotion.     2.  By 
their  collecting  and  gathering  together  such 
great  sums  of  money,  as  then  they  had  done, 
therewith  to  levy  an  army  when  time   should 
lerte.     3.  For  that  sundry  of  the  Jesuits  had 
been   tampering  with   Catholicks,  as  well  to 
«hwade  them  from  acceptance  of  the  king  at 
hia  first  coming,  saying,  That  they  ought  rather 
to  die  than   to  admit  of  any  heretick  (as  they 
cwiinually  termed  his  majesty)  to  the  crown ; 
ut  that  they  might  not,  under  pain  of  excora- 
tt3Bcation,  accept  of  any  but  a  Catholick  for 
'Aft? sovereigns;  as  also  to  dissuade  Catholicks 
ft*  their  loyalty  after  the  state  was  settled. 
I«Jt.     In  that  they  had  both  bought  up  store 
of  treat   horses  throughout  the  country,  and 
conveyed   powder  and  shot,  and  artillery  se- 
'Tttly  to  their  friends;  wishing  them  not  to  stir, 
Ut  keep  themselves  quiet  until  they   heard 
faro  them. 

After  the  reading  of  their  several  Examina- 
tions, Confessions,  and  voluntary  Declarations 
*tt<*U  of  themselves,  as  of  some  of  their  dead 
Confederates,  they  were  all  by  the  Verdict  of 
fht jury  found  Guilty  of  tlie  Treasons  contained 
•a  (nt-ir  Indictment.  And  then  being  severally 
fcktd.  What  they  could  say,  wherefore  Judg- 
btit  of  Death  *  should  not  be  pronounced 
toinst  them  ?  there  was  not  one  of  these  (<>*- 
(1*  Kookwood)  who  would  make  any  con- 
rm<*d  speech  either  in  defence  or  extenuation 
of  tlie  fret. 


Thatnat  Winter  only  desired,  that  he  might 
be  hanged  both  for  his  brother  and  himself. 

Guy  Fawkes  being  asked,  Why  he  pleaded 
Not  Guilty,  having  nothing  to  '  say  for  his  ex- 
cuse :  answered,  That  he  had  so  done  in  res- 
pect of  certain  conferences  mentioned  in  the 
indictment,  which  he  said  that  he  knew  not 
ot':  whicii  were  answered  to  have  been  set 
down  according  to  course  of  law,  as  neces- 
sarily presupposed  before  the  resolution  of 
such  a  design. 

Keyt  said,  That  his  estate  and  fortune  wero 
desperate,  and  as  good  now  as  at  another  time, 
and  for  this  cause  rather  than  for  another. 

Bates  craved  mercy. — Robert  Winter,  mercy. 

John  Grant  was  a  good  while  mute ;  yet 
after,  submissively  said,  he  was  guilty  of  a  con- 
spiracy intended,  but  never  effected. 

But  Ambrose  Rookv,ood  first  excused  his  de 
nial  of  the  Indictment,  fur  that  he  had  rather 
lose  his  life  than  give  it.  Then  did  he  acknow- 
ledge his  offence  to  be  so  heinous,  that  he  justly 
deserved  the  indignation  of  the  king,  and  of  the 
lords,  and  the  hatred  of  the  whole  common- 
wealth ;  yet  could  he  not  despair  of  mercy  at 
the  hands  of  a  prince,  so  abounding  in  grace 
and  mercy :  and  the  rather,  because  his  offence, 
though  it  were  incapable  of  any  excuse,  yet 
not  altogether  incapable  of  some  extenuation, 
in  that  he  had  been  neither  author  nor  actor, 
but  only  persuaded  and  drawn  in  by  Catesby. 
whom  he  loved  above  any  worldly  man :  and 
that  he  had  concealed  it  not  for  any  malice  to 
the  person  of  the  king,  or  to  die  state,  or  for 
any  ambitious  respect  of  his  own,  but  only 
drawn  with  the  tender  respect,  and  the  faithful 
and  dear  affection  he  bare  to  Mr.  Catesby  his 
friend,  whom  he  esteemed  dearer  than  any 
thing  else  in  the  world.  And  this  mercy  he 
desired  not  for  any  fear  of  the  image  of  death, 
but  for  grief  that  so  stiameful  a  death  should 
leave  so  perpetual  a  blemish  and  blot  unto  all 
ages,  upon  his  name  and  blood.  But  howso- 
ever that  this  was  his  first  offence,  yet  he  hum- 
bly submitted  himself  to  the  mercy  of  the  king; 
and  prayed  that  the  king  would  herein  imitate 
God,  who  sometimes  doth  punish  corporaliter, 
non  mortalitert  corporally,  yet  not  mortally. 

Then  was  related  how  that  on  Friday  imme- 
diately before  this  Arraignment,  Robert  Win- 
ter having  found  opportunity  to  have  confer- 
ence with  Fawkes  in  the  Tower,  in  regard  of 
the  nearness  of  their  lodgings,  should  say  to 
Fawkes,  as  Robert  Winter  and  Fawkes  con- 
fessed, thot  he  and  Catesby  had  sons,  and  that 
boys  would  be  men,  and  that  he  hoped  they 
would  revenge  the  cause;  nay,  that  God  would 
raise  up  children  to  Abraham  out  of  stones:  also 
that  they  were  sorry,  that  nobody  did  set  forth 
a  defence  or  auology  of  their  action,  but  yet 
they  would  maintain  the  cause  at  their  deaths. 

Here  also  was  reported  Robert  Winter's 
dream,  which  he  had  before  the  blasting  with 
powder  in  Littleton's  house,  and  which  he  him- 
self confessed  and  first  notified,  viz.  That  he 
thought  he  saw  steeples  stand  awry,  and  within 
those  churches  strange  and   unknown  iuc*?. 


187]  STATE  TRIALS,  3  James  I.  1600.— TIte  Trials  oftlic  Conspirators         [13« 


And  after,  when  the  foresaid  blast  had  the  dav 
following  scorched  divers  of  the  confederates, 
and  much  disfigured  the  faces  and  counte- 
nances of  Grant,  Itook  wood,  and  others  ;  then 
did  Winter  call  to  mind  his  dream,  and  to  his 
remembrance  thought,  that  the  faces  of  his 
associates  so  scorched,  resembled  those  which 
he  had  seen  in  his  dream. 

Then  was  sir  Evcrard  Digby  arraigned,  and 
after   his    Indictment  was   read;  wherein   he 
was  charged,  not  only  to  have  been  acquainted 
with   the  Powder-treason,  and  concealed    it, 
and   taken    the  double    oath  of  secrecy   and 
constancy  therein,  but  likewise  to  have  been 
an  actor  m  this  conspiracy  ;  and  lastly  to  have 
exposed,  and  openly  shewed  himself  in  the  re- 
bellion in  the  country  amongst  the  rest  of  the 
traitors.     All   which  after  he  had  attentively 
heard  and  marked,  knowing  that  he  had  con- 
fessed it,  and  the  strength  and  evidence  of  the 
proofs  against  hiin,  and  convicted  with  the  tes- 
timony of  his  own   conscience,  shewed  his  dis- 
position to  confess   the  principal  part  of  the 
said  Indictment,  and  so  began  to  enter  into  a 
discourse.     But  being  advertised  that  he  must 
first  plead  to   the    Indictment   directly,    either 
Guilty,  or  not  Guilty  ;  and  that  afterwards  he 
should  be  licensed   to  speak  his  pleasure;  he 
forthwith  confessed  thetreason  contained  in  the 
Indictment,  and  so  fell  into  a  speech,  whereof 
there  were   two  parts,  viz.  Motives,  and  Peti- 
tions.    The  first  motive  which  drew  him  into 
this  action,  was  not  ambition  or  discontentment 
of  his  estate,  neither  malice  to  any  in  parlia- 
ment, but.  the  friendship  and  love  he  bare  to 
Cattv-hy,  which   prevailed   so  much,  ami  was 
so  powerful  with  him,  as  that  for  his  sake   he 
was  ever  contented  and  ready  to  hazard  him- 
self and  his  estate.     The  next  motive,  was  the 
cause  of  religion,  which    alone,   seeing  (as   he 
said)  it  lay  at  the  stake,  he  entered  into  reso- 
lution to  neglect  in  that,   behalf,  his  estate,   his 
life,  his  name,   his  memory,  his  posterity,  and 
all    worldly  and  e>»rthlv    felicity   whatsoever  ; 
though  he  did  utterly  extirpate,  and  extinguish 
all  other  hopes  f>r  the  restoring  of  the   Catho- 
lick  Religion   in   Knfjand.     His  third  motive 
was    that    promi«cs    were    broken    with    the 
Catholirks.      And  lastly,   that  they  generally 
feared  harder  laws  from  this  parliament  against 
recu^ms,  as  that  recusants  wive*,  and  women 
should  be  liable  to  the  mulct  as  well  ns  their 
husb'in.ls  and  men.     And  further,  tint  it  was 
suppled,  that  it  should  be  made  a  pr<r.minirct 
unlv  to  be  a  Catholick. 

Mis  Petitions  were,  That  sithence  his  offence 
was  confined  and  contained  within  himself, 
that  the  punishment  also  of  the  same  might 
extend  only  to  himself  and  not  to  be  transferred 
either  to  his  wife,  children,  sisters,  or  other  : 
and  therefore  for  his  wife  he  humbly  craved, 
that  she  mi'jht  enjoy  her  jointure  ;  his  son  the 
benefit  of  an  cnt»il  made  long  before  any 
thought  of  this  action;  his  sisters,  their  jnst 
and  due  portions,  which  were  in  his  hands ;  his 
creditors  their  rightful  debts,  which  that  he 
might  more  justly  set  down  under  his  band,  he 


requested  that  before  his  death,  his  man  (who 
was  better  acquainted  both  with  the  men,  and 
the  particulars  than  himself)  might  be  licensed 
to  come  unto  him.  Then  prayed  he  pardon  of 
the  king  and  lords  for  his  guilt.  And  lastly  he 
entreated  to  be  beheaded  ;  desiring  all  men  to 
forgive  him,  and  that  his  death  might  satisfy 
them  for  his  trespass. 

To  this  speech  forthwith  answered  sir  Ed- 
ward  Coke,  Attorney-General,  but  in  respect  of 
the  time  (for  it  grew  now  dark)  very  briefly  : 

1.  For  his  Friendship  with  Catesby,   that  it 
was  mere  folly  and  wicked  conspiracy.     2.  His 
Religion,  error,  and  heresy.     3.  His  Promises, 
idle  and  vain  presumptions,  as  also'  his  Fears, 
false  alarms,  concerning  wives  that  were  recu- 
sants,   if  they  were  known  so   to  be   before 
their  husbands  (though  they  were  good  Protes- 
tants) took    them,   and  yet  for   outward  and 
worldly  respects  whatsoever,  any  would  match 
with  such ;  great  reason  there  is  that  he  or 
thev  should  pay  for  it,  as  knowing  the  penalty 
anrJ   burden   before:    for  'volenti    et  scienti 
'non  sit  injuria ;'  no  man  receives  injury  in 
that,,   to   which   he   willingly   and   knowingly 
agreeth  and  consenteth.     But  if  she  were   no 
recusant  at  the  time  of  marriage,  and  yet  after- 
wards he  suffer  her  to  be  corrupted  and   se- 
duced,   by   admitting    priests    and    romanists 
into  his   house ;  good  reason  likewise  that  he, 
be  he  papist  or  protestunt,  should  pay  for  his 
negligence  and  misgovcrnment. —  1.  Concern- 
ing the  Petitions   for  wife,  for  children,   for 
sisters,  &c.  O  how  he  doth  now  put  on   the 
bowel*  of  nature  and  compassion,  in  the  peril 
of  his    private    and   domestical    estate !    But 
before,  when  the  publick  state  of  his  country, 
when  the  kirn.;,  the  queen,  the  tender  princes, 
the  nobles,  the  whole  kingdom  were  designed 
to  a  perpetual  destruction  ;  where  was  then 
this  piety,  this   religious  affection,  this  care  ? 
All  nature,  all   humanity,   all   respect  of  laws 
both  divine  and  human,  were  quite  abandoned; 
thru  was  there  no  conscience  made  to  extir- 
pate the  whole  nation,  end  all  for  a   pretended 
zeil  to  the  Catholick    Religion,    and    the  jus- 
tification of  so  de-tf  stable  and  damnable  a  fact. 
Here  did  Sir  Ercrard  Dighi/  interrupt  Mr. 
Attorney,  and  said,  that  he  did  not  justify  the 
fact,  but  confessed  that  he  deserved  the  vilest 
death,  and  most  severe  punishment  that  might 
be  :  but  lie  was  an  bumble  petitioner  for  mer- 
cy, and  some  moderation  of  justice. — Where- 
upon  Mr.  Attorney  replied,  that  be  should  not 
look  by  the  king  to  be  honoured  in  the  manner 
of  his  divith,  having  so  far  abandoned  all  reli- 
gion  and  humanity  in  his  action  :  but  that  he 
was   rather  to    admire  the  great  moderation 
and  mercy  of  the  king,  in  that  for  so  exorbitant 
a  crime,   no  new  torture  answerable  thereunto 
was  devised  to  be  inflicted  upon  him.     And  fir 
his  wife  and  children,  whereas  he  said  that  for 
the  Catholick  cause  he  was  content  to  neglect 
the  ruin  of  himself,  his  wife,  his  estate,  and  all ; 
he  should  have  bis  desire  as  it  is  in  the  Psalm, 
'  Let  his  wife  be  a  widow,  and  his  children 
4  vagabonds,  let  his  posterity  be  destroyed,  auct 


189] 


STATE  TRIALS,  3  James  I.  1600.— in  the  Gunpowder  Plot. 


[190 


1  in  the  next  generation  let  his  name  be  quite 
4  put  out.'  For  ihe  paying  of  your  creditors,  it 
is  equal  and  just;  but  yet  lit  the  king  be  iirst 
satiatied  and  paid,  to  whom  you  owe  so  much, 
a*  that  all  you  have  is  too  little  :  yet  these 
things  inust  be  left  to  the  pleasure  of  his  ma- 
jesty, and  die  course  of  justice  and  law. 

Earl  of  Northmnuton.  You  must  not  hold  it 
finny* v,  sir  Everaru  Digby,  though  at  this  time 
being  presided  in  duly,  conscience  mid  truth,  I 
do  not  suffer  you  to  wander  in  the  labyrinth 
wt  your  own  idle  conceits,  without  oppo- 
ation,  to  seduce  others,  as  yourself  have  been 
seduced,  by  false  principles,  or  to  convey  your- 
srif  by  charms  of  imputation,  by  clouds  of 
error,  and  by  shifts  of  lately  tjeyised  equivo- 
cation, out  of  that  straight  \t  herein  your  late 
fecure  and  happy  fortune  hath  been  unluckily 
entangled,  but  yet  justly  surprized  by  the  rage* 
nut  re\ euge  vf\our  own  rash  humours.  If  in 
this  crime  (uioio  horrible  than  any  man  is  able 
to  express)  I  could  lument  the  estate  of  any 
person  upon  earth,  I  could  pity  you ;  but 
thank  yourself  and»your  bad  counsellors  for 
leading  you  into  a  crime  of  such  a  kind,  as  no 
Itss  benunibeth  in  all  faithful,  true  and  honest 
men,  the  tenderness  of  affection,  than  did  in 
?ou  the  sense  of  all  humanity. — That  you  were 
once  well  thought  of  and  esteemed  by  the  late 
queen,  I  can  witness,  having  heard  her  speak 
of  you  with  that  grace,  which  might  have  en- 
couraged a  true  gentleman  to  have  run  a  better 
course.  Nay,  1  will  add  fuither,  that  there 
•as  a  time  wherein  you  were  as  well  affected 
to  the  king  our  master's  expectation,  though 
perhaps  upon  false  rumours  and  reports,  that 
be  would  have  yielded  satisfaction  to  your  un- 
f  robahle  and  vast  desires  ;  but  the  seed  that 
wanted  moisture  (as  our  Saviour  himself  re- 
portetlij  took  no  deep  root :  that  zeal  which 
Lath  no  other  end  or  object  than  the  plcn&iug 
of  itself,  is  quickly  spent;  and  Trajan,  that 
worthy  and  wise  emperor,  had  reason  to  hold 
kimself  discharged  of  all  debts  to  those  that 
kad  offended  more  by  prevarication,  than  they 
Ovid  ever  deserve  by  industry. — The  grace 
*i  goodness  of  his  majesty  in  giving  honour 
ska  first  coming  unto  many  men  of  your  own 
flfcetion,  axid  (as  I  think)  unto  yourself;  his 
fauty  in  admitting  all  without  distinction  of 
Trojan  or  of  Ty  rian,  to  his  royal  presence,  upon 
ja«  occasions  of  access;  his  integrity  1n  setting 
open  the  irate  of  cml  justice  unto  all  his  sub- 
jects equally  and  indifferently,  with  many  other 
Urour*  that  preceded  by  the  progression  of 
ftaie;  arc  so  palpable  and  evident  to  all 
men,  that  lime  cither  eyes  of  understanding, 
or  understanding  of  capacity,  as  yourself  and 
•any  others  have  been  driu-n  of  late  to  excuse 
tad  "countenance  your  execrable  ingratitude 
•idi  a  tlil-ic  and  scandalous  report  of  s  Jine  fur- 
•W  hope  and  comfort  yielded  to  ti»e  Catho- 
IkU  for  toleration  or  connivance,  before  his 
(cuing  to  the  crown,  than  miicc  hath  been 
perf'rfujed,  made  good  or  satisfied. — 1  am  not 
ipu#rant,  that  lJ»i*  seditious  and  false  alarm 
*m1i  awaked  ■"**  incited  uiany  working  spirits 


to  the  prejudice  of  the  present  state,  that 
might  otherwise  have  slept  as  before  with  si- 
lence and  sufferance  ;  it  hath  served  for  a 
shield  of  wax  against  a  sword  of  power :  it  nath 
been  used  as  an  instrument  of  art  to  shadow 
false  approaches,  till  the  Tmjan  horse  might 
be  brought  within  the  walls  of  the  parliament, 
with  a  belly  stuffed,  not  as  in  old  time  with 
armed  Greeks,  but  with  hellish  gunpowder. 
But  howsoever  God  had  blinded  you  and  others 
in  this  action,  as  he  did  the  king  of  Egypt  and 
his  instruments,  for  the  brighter  evidence  of 
his  own  powertul  glory  ;  yet  every  man  of  un- 
derstanding could  discern,  that  a  prince  whose 
judgment  had  heen  iixed  by  experience  of  so 
inau y  years  upou  the  poles  of  the  North  and 
the  Suuth,  could  not  shrink  upon  the  sudden  : 
ne  nor  since  with  fear  of  that  combustion  which 
Catesby  that  -arch-traitor,  like  a  second  Phae- 
ton, would  have  caused  in  an  instant  in  all  the 
elements.'  His  majesty  did  never  value  for- 
tunes of  the  world,  in  lesser  matter  than  reli- 
gion, with  the  freedom  of  his  thoughts  :  he 
thought  it  no  safe  policv  (professing  as  he  did, 
and  ever  will)  to  call  up  more  spirits  into 
the  circle  than  he  could  put  down  again  ;  he 
knew,  that  ornne  regnum  in  ae  divisum  desotabi- 
tar,  philosophy  doth  teach,  that  whatsoever 
any  man  may  think  in  secret  thought,  that  where 
one  doth  hold  of  Cephas,  another  of  Apollo, 
openly  dissension  ensues,  quod  insitum  aiieno 
solo  est,  in  id  quo  ulitur  natura  vtrtenle  dege- 
nerat ;  and  the  world  will  ever  apprehend,  that 
Quorum  est  commune  xymbolum,  Jacillimus  ett 
transitu*. — Touching  the  point  itself  of  promis- 
ing a  kind  of  toleration  to  Catholics,  as  it  was 
divulged  by  these  two  limbs  of  Lucifer,  Watson 
and  l'eicy,  to  raise  a  ground  of  practice  and 
conspiracy  against  the  state  and  person  of  our 
dear  sovereign,  let  the  kingdom  of  Scotland 
witness  for  the  space  of  so  many  years  before 
his  coining  hither,  whether  cither  flattery  or 
fear,  no,  not  upon  that  enterprize  of  the  17th 
of  Nov.  which  would  have  put  the  patience  of 
any  prince  in  Europe  to  his  proof,  could  draw 
from  the  king  the  least  inclination  to  this  dis- 
pensative  indifference,  that  was  only  believed, 
because  it  was  eagerly  desired. — Every  man 
doth  know  how  great  art  was  used,  what  strong 
wits  sublimed,  how  many  ministers  suborned 
and  corrupted  many  years  both  in  Scotland  and 
in  foreign  parts,  to  set  the  king's  teeth  an  edge 
with  fair  promises  of  future  helps  and  supplies, 
to  that  happy  end  of  attaining  his  due  right  in 
KpfJ-.ind,  when  the  sun  should  »et,  to  rise  more 
ul-Tiously  in  the  same  hemisphere,  to  the  won- 
der Inith  of  this  inland  and  of  the  world.  But 
ail  in  \a'-n  ;  iorjac/a  crat  a  Ira,  the  king's  coin- 
puss  had  been  set  before,  mid  by  a  more  cer- 
tain rul'-,  and  thev  were  commonly  cast  off  as 
forlorn  hopes  in  the  king's  favour,  that  ran  a 
eorrte  ef  milking  themselves  in  the  foremost 
front  iiiTiireiun  correspondency. — Upon  notice 
«jii  en  to  his  majesty  from  hence  some  vetirs  be- 
fore  the  death  of  the  late  queen,  that  many  men 
were  ^nmn  suspicious  of  his  religion,  by  tu- 
rnouts spread  abroad,  that  tome  of  those  in  fo- 


191]         STATE  TRIALS,  3  James  I.   1000.— We  Triak  of  the  Conspirators         [192 

were  subject,  both  in  points  of  faith,  and  limi- 
tation of  loyalty  :  And  last  of  all,  forcasting  to 
'  what  end  their  former  protestation  would  come, 
when  present  satisfaction  should  shrink ;  he 
was  ever  fearful  to  embark  himself  for  any  far- 
ther voyage  and  adventure  in  this  strait,  than 
Ins  own  compass  might  steer  him,  and  his  judg- 
ment level  him. — If  any  one  green  leaf  for  Ca- 
tholics could  have  been  visibly  discerned  by  the 
eye  of  Catesby,  Winter,  Garnet,  Fawkes,  &c. 
they  would  neither  have  entered  into  practice 
with  foreign  princes  during  the  queen's  time  for 
prevention  ot  the  king's  lawful  and  hereditary 
right,  nor  have  renewed  the  same  both  abroad 
and  at  home  by  missions  and  combinations, 
after  his  majesty  was  botli  applauded  and  enter- 
ed.— It  is  true,  that  by  Confessions  wc  find, 
that  false  priest  Watson,  and  arch  traitor  Percy, 
to  have  been  the  first  devisers  and  divulgcrs  of 
this  scandalous  report,  us  an  accursed  ground, 
whereon  they  might  wiih  some  ail  vantage,  as  it 
was  conceived,  build  the  castles  ot  their  < xmspi- 
nicy. — Touching  the  first,  no  nun  tun  speak 
more  sound 'y  to  the  point  thrui  myself;  *t,«  be- 
ing sent  into  tho  pnsin  by  the  king  to  «  hirge 
him  with  this  fake  alarm,  only  two  d:iv«  before 
his  death,  and  upon  hi?  soul  lo  n.ess  him  in  the 
presence  of  God,  and  as  lie  would  answer  it  at 
another  bar,  to  con  less  directly  whether  at 
( it  her  of  both  these  times  he  had  access  unto 
his  majesty  at  Edinborough,  his  majesty  did 
give  him  auy  promise,  hojie  or  comfort  of  en- 
courage aicnt  to  Catholics  concerning  toleration ; 
he  did  there  piotest  upon  his  soul  that  he  could 
ni?ver  win  one  inch  of  ground,  or  draw  the 
smallest  comfort  from  the  king  in  those  degree?, 
nor  further  than  that  lie  would  have  them  ap- 
prehend, th-.it  as  he  w:«s  a  stranger  to  this  state, 
so  til!  he  understood  in  all  points  how  those 
matters  stnoj,  he  would  not  promise  favour  any 
way  ;  but  did  protest  lh.it  all  the  crowns  and 
_  kingdoms  in  this  world,  should  not  induce  him 
to  'hange  any  jot  of  his  profession,  which  was 
the  pasture  of  bis  soul,  and  earnest  of  his  eternal 
inheriunee.  He  did  conilj.s  i  hat  in  very  deed,  to 
keep  tip  the  hearts  of  Catholic*  in  love  ami  duty 
to  tiie  king,  lie  had  imparted  the  king**  won  Is  to 
many,  in  abetter  tune,  and  a  higher -vind  of 
descant,  that:  his  hook  of  plain  song  did  direct; 
because  he  knew  that  others  like  sly  barren  en 
looked  that  way,  when  their  stroke  was  bent 
another  way.  For  this  he  crated  pardon  of  the 
king  in  humble  manner,  and  tor  his  main  {rea- 
sons of  a  higher  nature  than  these  figures  of 
hypocrisy;  and  seemed  penitent,  as  well  for 
the  horror  of  his  crime,  as  for  the  falsehood 
of  bis  whisperings. —  It  hindered  not  tin*  satis- 
faction which  may  he  given  to  Percy's  shadow 
(the  most  desperate  fioutefeu  in  the  pack), 
that  as  he  died  impeuiienr,  for  any  thing  we 
know  :  so  likewise  he  died  silent  in  the  jumicu- 
lars.  For  first,  it  is  not  strange  that  such  a 
traitor  should  devise  so  scandalous  a  slurder 
out  of  the  malice  of  his  hrart,  intending  to 
dt  stroy  the  king  by  any  means,  and  to  advance 
all  means  that  might  remove  obstructions  and 
impediments  to  the  plot  of  gunpowder.    Th« 


reign  parts,  that  seemed  to  be  well  affected  to 
his  future  expectation,  had  used  his  name  more 
audaciously,  and  spoken  of  bis  favour  to  the 
Catholics  more  forwardly  than  the  king's  own 
conscience  and  unchangeable  decree  could  ac- 
knowledge or  admit  (either  with  a  purpose  to 
prepare  the  minds  of  foreign  princes,  or  for  a 
practice  to  estrange  and  alienate  affections  at 
home)  hot  only  utterly  renounced  and  con- 
demned these  encroachments  of  blind  zeal,  and 
rash  proceedings,  by  the  voices  of  his  own  mi- 
nisters, but  was  careful  also  for  a  caution  to 
succeeding  hopes,  so  far  as  lay  in  him,  that  by 
the  disgrace  of  the  delinquents  in  this  kind,  the 
minds  of  all  English  subjects  chiefly  might  be 
secured,  and  the  world  satisfied. — No  man  can 
speak  in  this  case  more  confidently  than  myself, 
that  received  in  the  queen's  time,  for  the  space 
of  many  years,  directions  and  warnings  to  take 
heed,  that  neither  any  further  comfort  might  he 
given  to  Catholics,  concerning  future  favours, 
than  he  did  intend,  which  was  to  hind  all  sub- 
jects in  one  kingdom  to  one  law,  concerning 
the  religion  established,  howsoever  in  civil  mat- 
ters he  might  extend  his  favour  as  he  found  just 
cause :  nor  any  seeds  of  jealousy  and  diffidence 
sown' in  the  minds  of  Protestants  by  Semeis  and 
Achitopheli,  to  make  them  doubtful  of  his  con- 
stancy, to  whom  he  would  confirm  with  his 
dearest  hlood,  that  faith  which  lie  had  sucked 
from  the  breast  of  his  nurse,  apprehended  from 
the  cradle  of  his  infancy,  and  maintained  with 
his  uttermost  endeavour,  affection  and  strength: 
since  he  was  more  able  out  of  reading  and  dis- 
puting, to  give  a  reason  of  those  principles  which 
Le  had  now  digested  and  turned  i"  nutriment. 
—He  that  wrote  the  Book  of  Titles  before  the 
late  queen's  death,  declares  abundantly  by  seek- 
ing to  possess  some  foreign  prince  of  the  king's 
hereditary  crowns,  when  the  cause  should  come 
to  the  proof,  and  may  witness  instead  of  many ; 
what  hope  there  was  of  the  king's  favour  or  af- 
fection to  Catholics  in  the  case  of  toleration  or 
dispensation,  with  exercise  of  conscience.  For 
every  man  may  guess  that  it  was  no  slight  or 
ordinary  degree  of  despair,  that  made  him  and 
other  of  his  suit  renounce  their  portion  in  the 
son  and  heir  of  that  renowned  and  rare  lady 
Mary  queen  of  Scotland,  a  member  of  the  Ro- 
man church  ;  as  some  did  in  David,  Nut  in  no- 
bit  pars  in  David,  nee  hwrcditas  in  fdio  hoi : 
For  hereof  by  letters  intercepted  in  their  pas- 
sage into  Scotland,  the  records  and  proofs  are 
evident.  His  majesty,  so  long  as  he  was  in  ex- 
pectation of  that  which  by  the  work  and  trrace 
of  Cod  lie  doth  now  possess,  did  ever  seek  to 
settle  his  establishment  upon  the  faith  of  Pro- 
testants in  generality,  as  the  most  assured  sheet, 
anchor.  For  though  he  found  a  number  on  the 
other  side,  as  faithful  and  as  wcll-affcctcd  to 
his  person,  claim  and  interest,  as  any  men 
alive,  as  well  in  respect  of  their  dependency 
upon  die  queen  his  mother,  as  foi  the  taste 
which  they  had  of  the  sweetness  of  himself;  yet 
finding  with  what  strength  of  blood  many  have 
been  over-carried  out  of  a  fervency  in  zeal  in 
fonder  timet,  observing  to  what  censures  they 


193] 


STATE  TRIALS,  3  James  I.  1 606.— in  the  Gunpowder  Plot. 


[191 


more  odious  that  be  could  make  him  to  the 
party  malecouteut,  and  the  more  sharply  that 
he  could  set  the  party  mulccoiitent  upon  the 
point  and  humour  of  revenge:  the  stronger 
was  his  hope  at  the  giving  of  the  last  blow,  to 
be  glorified  and  justified.  But  touching  tl»e 
truth  of  the  matters,  it  "ill  be  witnessed  by 
many,  that  this  traitor  Percy  after  both  the 
first  and  second  return  from  the  king,  brought 
to  the  Catholicks  no  spark  of  comfort,  of  en- 
couragement, of  hope;  whereof  no  stronger 
}i  jof  of  argument  doth  need,  than  that  Fawkes 
and  others  were  employed  both  into  Spain 
tod  other  parts,  for  the  reviving  of  a  practice 
impended  and  covered,  after  Percy's  coming 
back ;  as  in  likelihood  they  should  not  have 
been,  in  case  he  had  returned  with  a  branch  of 
olive  in  his  mouth,  or  yielded  any  ground  of 
comfort  to  resolve  upon. — Therefore  I  thought 
it  thus  far  needful  to  proceed,  for  the  clearing 
of  those  scandals  that  were  cast  abroad,  by 
these  forlorn  hopes  and  graceless  instruments. 
It  only  remains  that  I  pray  lor  your  repentance 
in  this  world  for  the  satisfaction  of  many,  and 
forgiveness  in  the  next  world;  for  the  saving  of 
yourself ;  having  bad  by  the  king's  favour  so 
Jong  a  time  to  cast  up  your  account,  before 
jour  appearance  at  the  seat  of  the  great  auditor. 
Then  spake  the  Earl  of  Salisbury,  especially 
to  that  point,  of  his  majesty's  breaking  of  pro- 
mise with  Recusants,  which  was  used  and 
urged  by  sir  Everard  Digby,  as  a  motive  to 
draw  biro  to  participate  in  this  so  hideous  a 
treason.  Wherein  bis  lordship,  after  acknow- 
ledgment that  sir  Everard  Digby  was  his  ally, 
and  having  made  a  zealous  and  religious  pro- 
testation  concerning  the  sincerity  and  truth  of 
that  which  he  would  deliver :  sljortly  and  clearly 
defended  the  honour  of  the  king  herein,  and  freed 
h*  majesty  from  all  imputation  and  scandal  of 
irresolution  in  religion,  and  in  the  constant  and 
perpetual  maintaining  thereof;  as  also  from 
■King  at  any  time  given  the  least  hone,  much 
kse  promise  of  toleration.  To  which  purpose 
W  declared  how  his  majesty,  as  well  before  his 
casing' to  this  crown,  as  at  that  very  time, 
md  always  since,  was  so  far  from  making  of 
promise,  or  giving  hope  of  Toleration,  that  he 
eier  professed  he  should  not  endure  the  very 
notion  thereof  from  any. — And  here  his  lord- 
ship  shewed  what  was  done  at  Uumpton<-Court 
at  the  time  of  Watson's  treason,  where  some 
of  tin*  greater  recusants  were  ronventcd:  And 
being  found  tlicn  not  to  have  their  fingers  in 
treason,  were  sent  away  again  with  encourage- 
Bent  to  persist  in  their  dutiful  carriage,  and 
tith  promise  only  of  thus  much  favour.  That 
those  mean  profit*  which  had  accrued  since  the 
iiajr**  time  to  his  majesty  lor  their  recusancy, 
ibould  be  forgiveu  to  the  principal  gentlemen, 


|  who  had  both  at  his  entry  shewed  so  much 
loyalty,  and  had  kept  themselves  so  free  since 
from  all  conspiracies. — Then  did  his  lordship 
also  (the  rather  to  shew  how  little  truth  sir 
Everard  Digby 's  words  did  carry  in  any  thing 
which  he  had  spoken)  plainly  prove,  that  all 
his  protestations  wherein  he  denied  so  con- 
stantly to  be  privy  to  the  Plot  of  Powder,  were 
utterly  false,  by  the  testimony  of  Fawkes  (there 
present  at  the  bar)  who  had  confessed,  that 
certain  months  before  that  session,  the  said 
Fawkes  being  with  Digby  at  his  house  in  die 
country,  about  what  time  there  had  fallen  much 
wet :  Digby  taking  Fawkes  aside  after  supper, 
told  him  that  n«  was  much  afraid  that  the 
powder  in  the  cellar  was  grown  dank,  and  that 
some  new  must  be  provided,  lest  that  should 
ndt  take  fire. — Next,  the  said  earl  did  justly 
and  greatly  commend  the  lord  Mountcagle  for 
his  loyal  and  honourable  care  of  bis  prince  and 
com i try,  in  the  speedy  bringing  forth  of  the 
letter  sent  unto  him;  wherein  he  said,  that  he 
had  shewed  both  his  discretion  and  fidelity. 
Which  speech  being  ended,  Digby  then  ac- 
knowledged, that  he  spake  not  that-  of  (he 
breach  of  promise  out  of  his  own  knowledge, 
but  from  their  relation  whom  he  trusted;  and 
namely  from  sir  Tho.  Tresham. 

Now  were  the  Jury  returned,  who  having 
delivered  their  Verdict,  whereby  they  jointly 
found  those  seven  prisoners,  arraigned  upon 
the  former  Indictment,  Guilty ;  Serjeant  Philips 
craved  Judgment  against  those  seven  upon 
their  conviction  and  against  sir  Everard  Digby 
upon  his  own  Confession. 

Then  the  Lord  Chief  Justice  of  England, 
after  a  grave  and  prudent  relation  and  defence 
of  the  laws  made  by  queen  Elizabeth  against 
recusants,  priests,  and  receivers  of  priests, 
'  together  with  the  several  occasions,  progresses 
and  reasons  of  the  same;  and  having  plainly 
demonstrated  and  proved  that  tbey  were  all 
necessary,  mild,  equal,  moderate,  and  to  be 
justified  to  all  the  world  :  pronounced  Judg- 
ment. 

Upon  the  rising  of  the  court,  sir  Erererd 
Digby  bowing  himself  towards  the  lord*,  said, 
If  I  may  but  hear  any  of  your  lordships  say, 
you  forgive  me,  I  shall  go  more  cheartully  to 
the  gallows. — W  hereunto  the  lords  said,  God 
forgive  you,  and  we  do. 

And  so  according  to  the  Sentence,  on  Thurs- 
day following  being  the  30th  of  January,  ex- 
ecution was  done  upon  sir  Everard  Digby, 
Robert  Winter,  John  Grant,  and  Thomas 
Bates,  at  the  West  end  of  Paul's  church ;  and 
on  Friday  following,  upon  Thomas  Winter, 
Ambrose  Uookwood,  UoWrt  Keyes,  and  Guy 
Fawkes,  within  the  old  Palace- Yard,  at  West- 
minster, not  far  from  the  Purliaincut-llouse. 


YOi.  It. 


O 


195]         STATE  TRIALS,  3  James  I.  I606._7fc  Trials  of  the  Cotispu-ators         [19G 

The  following  History  of  the  Gi:npowder-Plot,  written  by  King  James  himself,  it 
extracted  from  the  first  Collection  of  his  Works  published  during  his  life-time  by 
Mountague,  Bishop  of  Winchester. 


While  this  land  and  whole  monarchy  flou- 
rished in  a  most  happy  aqd  plentiful  peace,  as 
well  at  home,  as  abroad,  sustained  and  con- 
ducted by  these  two  main  good  pillars  of  ail 
good  government,  piety  and  justice,  no  fo- 
reign grudge,  nor  inward  whispering  of  discon- 
tentment any  way  appearing :  the  king  being 
upon  his  return  from  his  hunting  exercise  at 
Royston,  upon  occasion  of  the  drawing  near  of 
the  parliament^time,  which  had  been  twice 
prorogued  already*  partly  in  regard  of  the  ^a- 
son  of  the  year,  and  partly  of  the  term :  as 
the  winds  are  ever  stillest  immediately  before  a 
storm ;  and,  as  the  sun "  bleaks  often  hottest  to 
foretel  a  following  shower  ;  so,  at  that  rime  of 
greatest  calm,  did  this  secretly  hatched  thun- 
der begin  to  cast  forth  the  first  flashes,  and 
flaming  lightnings  of  the  approaching  tem- 
pest. For,  the  Saturday  of  the  week  imme- 
diately preceding  the  king's  return,  which  was 
upon  a  Thursday,  being  hut  ten  days  before 
the  parliament,  the  lord  Mont  eagle,  son  and 
heir  to  die  lord  Morley,  being  in  his  own 
lodgings  ready  to  go  to  supper,  at  seven  of  the 
clock  at  night,  one  of  his  footmen,  whom  he 
had  sent  of  an  errand  over  the  street,  was 
met  by  a  man  of  a  reasonable  tall  personage, 
who  delivered  him  a  Letter,  charging  him  to 
put  it  in  my  lord  liis  master's  hands ;  which 
my  lord  no  sooner  received,  but  that,  havinz 
broken  it  up,  and  perceiving  the  same  to  be  of 
an  unknown,  and  somewhat  unlc<:ible  hanil, 
and  without  either  date  or  superscription,  did 
call  one  of  his  men  unto  him,  for  helping  him 
to  read  it.  But  no  sooner  Hid  he  conceive  the 
strange  contents  thereof,  although  he  was  some- 
what perplexed  what  construction  to  make  of 
it/ns  whether  of  a  matter  of  consequence,  as 
indeed  it  was,  or  whether  some  foolirh  devi«ed 
pasquil  by  some  of  his  enemies  to  scare  him 
from  his  attendance  at  the  paiiiament,  yet  did 
he,  as  a  most  dutiful  and  loyal  subject,  con- 
clude net  to  conceal  it,  whatever  might  come 
of  it.  Whereupon,  notwithstanding  the  late- 
ness and  darkness  of  the  night  in  iliat  serson 
of  the  year,  he  presently  repaired  to  his  ma- 
jesty'?*  palace  at  Whitehall,  mid  there  delivered 
the  same  to  the  earl  of  Salisbury,  his  majesty's 
principal  secretary.  Whereupon,  the  suiti  earl 
of  Salisbury  having  read  the  letter  and  heard 
the  manner  of  the  coming  of  it  to  his  hands,  did 

f;reaily  encourage  and  commend  my  lord  tor 
lis  discretion,  telling  him  plainly,  that,  what- 
soever the  purport  of  the  Letter  might  prove 
hereafter,  yet  did  this  accident  put  him  in 
mind  uf  divers  advertisements  he  had  received 
roni  bcy.ind  the  seas,  wherewith  he  hud  ac- 
quainted, as  well  the  king  himself,  as  divers  of 
his  privy-counsellors,  concerning  some  budUic.Ls 
the  Papists  were  in,  both  at  home  and  abroad, 
making  preparations  for  some  combination 
amongst  them  against  this  parliament-time,  for 


enabling  them   to  deliver  at  that  time  to  the 
king  sojue  petition   for  toleration  uf  religion, 
which  should  be  delivered  in  some  such  order, 
and  so  well  backed,  as  the  king  should  be  loth 
to  refuse  their  requests ;  like  the  sturdy  beggars, 
craving  alms  with  one  open  hand,  but  carrying 
a  stone  in  the  other,  in  case  of  refusal.     And 
therefore  did  the  earl  of  Salisbury  conclude 
with  the  lord  Monteagle,  that  he  would,  in  re- 
gard of  the  king's  absence,  impart  the  same 
Letter  to  some  more  of  his  majesty's  council, 
whereof  my  lord  Monteagle  liked  well,  only 
adding  this  request,  by  way  of  protestation* 
That  whatsoever  the  event  hereof  might  prove, 
it  should  not  he  imputed  to  him,  as  proceeding 
from  too  light  atid  too  sudden  an  apprehension, 
that   he     delivered   this   Letter ;    being   ouly 
moved    thereunto    for    demonstration   of   his 
ready  devotion,  and  care  for  preservation  of 
his  majesty  and  the  state.     And  thus  did  the 
earl  of  Salisbury  presently  acquaint  the  lord 
chambcrhun   with   the  ^aid   letter.     Where- 
upon   they    two,    in    presence    of    the    lord 
Monteagle,  calling  to  mind  the  former  intelli- 
gence  already   mentioned,  which   seemed  to 
have  some  relation  with  this  letter ;  die  tender 
enre  which  they  ever  carried  to  the  preserva- 
tion  of  his  majesty's  person,  made  them  ap- 
prehended,  that   some    perilous   attempt   did 
thereby    appear   to    be   intended   against   the 
same,  which  did  the  more  nearly  concern  the 
said  lord  chamberlain  to  have  a  care  of,  in  re- 
gard that  it  doth  belong  to  tlic  charge  of  his 
omVc  to  oversee,  as  well  all  places  of  assembly 
wiiere  his  majesty  is  to  repair,  as  his  highness  f 
own  private  houses.     And   therefore  did   the 
said  two  counsellors  conclude,  that  they  should 
join  unto  themselves  three  more*  of  the  council, 
to  wit,  the  lord  admiral,  the  earls  of  Worcester 
and  Northampton,  to  be  also   particularly  ac- 
quainted with  this  accident,  who  having  all  of 
them  concurred  together  to  the  re-examination 
of  the  contents  of  the  said  letter,  they  did  con- 
clude, That,  how  slight  a  matter  it  might  at 
the  first  appear  to  l>e,  yet  was  it  not  absolutely 
lo  be  contemned,  in  respect  of  the  rare  which 
it  behoved  them  to  ha\e  uf  the  preservation  of 
his  majesty's  person:  but,  vet  n  solved  for  two 
reasons,  first,  to  acquaint  the  I  in^j  himself  with 
the  same,  before  the*  proceeded  to  any  further 
inquisition  in  the  matter,  ns  well  for  the  expec- 
tation and  experience  they  had  of  his  majesty's 
fortunate  judgment,  in  clearing  and  solving  ob- 
scure riddles  and  doubtful  mysteries;   as  also, 
because  tire  more  tune  would,  in  the  mean 
tnne,  be  given  for  the  practice  to  ripen,  if  any 
was,   whereby    the   di-»covciv   might    he   more 
clear  and  evident,  and  the  ground  of  proceed- 
ing thereupon  more  safe,  just,  and  easy.     And 
so  according  to  their  determination   did   the 
said  earl  of  Salisbury  repair  to  the  king   in  hit 
gallery  upon  Fiiday,  bcinj;  AlihallowVday,  i* 


1 97} 


STATE  TRIALS,  3  James  I.  \GOC}.—in  the  Gunpovdtr  Plot. 


tins 


the  afternoon,  which  was  the  day  after  his  ma- 
jest  v^  arrival,  and  none  but  hinisc  If  being  pre- 
sent with  his  highness  at  that  time,  where, 
without  any  other  speech,  or  judgment  given  of 
the  Letter,  hut  only  relating  simply  the  fonn 
of  the  delivery  thereof,  he  presented  it  to  his 
majesty.     The  contents  whereof  follow  : 

'  Aly  Lord  ;  Out  of  the  love  I  bear  to  some 
1  of  your  friends,  I  liave  a  care  of  your  preser- 
'  ration  :  therefore  I  would  advise  you,  :is  you 
1  tender  your  life,  to  devise  some  excuse,  to 

•  >bil t  off  your  attendance  at  this  parliament. 
'For  God  and  man  have  concurred  to  punish 
'the  wickedness  of  this  time.  And  think  not 
1  slightly  of  this  advertisement,  but  retire  your- 
'self  into  your  country,  where  you  may  ex- 
'  pect  the  event  in  safety.  For,  though  there 
'  be  no  appearance  of  any  stir,  yet  I  say,  they 
'  shall  receive  a  terrible  blow  tuis  parliament, 
<  and  yet  they  shall  not  see  who   hurts  them. 

•  This  counsel  is  not  to  be  condemned,  because 
'  it  may  do  you  good,  and  can  do  you  no  harm, 
1  for  the  danger  is  past  so  soon  as  you  have 
'burnt  the  Letter;  and  I  hope  God  will  gi\o 
'  yon  grace  to  make  good  use  of  it ;  to  whose 
'holy  protection  I  commend  you/  * 

Tiic  king  no  sooner  read  the  letter,  but  after 
a  little  pause,  and  then  reading  it  once  n^ain, 
lie  delivered  his  judgment  of  it  in  such  sort(  as 

*  "  Who  IfTvas"  observes  Kennett,  "  that 
wrote  this  Letter  to  the  Lord  Montcuglc  was  ne- 
ver known,  or  how  it  came  that  king  James  sus- 
pected its  meaning  to  be  what,it  really  was,  is 
in  a  great  part  a  mystery  to  this  day.  Yet  I 
cannot  gi\e  myself  lea\e  to  doubt,  hut  king 
James  had  some  light  given  him  from  Henry 
4th  of  the  designs  of  the  Papists  against  hiin; 
tor  in  the  duke  of  Sully's  Memoirs,  there  is 
more  than  once  mention  made  of  some  '  sudden 
Blow'  they  intended  in  England  about  that 
time :  and  in  one  Letter,  k i i i iz.  James  is  desired 
to  nice  warning  from  the  fate  of  Henry  3.  1 
uc  the  more  confirmed  in  this  opinion,  that  in 
the  Harangue  pronounced  at  Rome  in  praise 
*i  Ravilliac  the  Assassin  of  Henry  4,  which 
/its  since  been  so  often  quoted  by  several  au- 
thors, both  Papist  and  Protestant,  as  an  argu- 
ment that  the  Jesuits  approved  the  murder: 
it  is  there  said,  '  That  Henry  1,  was  not.  only 
'an  inveterate  enemy  to  the  Catholick  religion 
'  in  hu>  heart,  but  had  obstructed  the  glorious 

•  enterprizes  of  those  that  would  have  restored 
1  it  in  England,  and  occasioned  them  to  he 
'crown'd  with  Martyrdom.'  Now  it's  well 
known,  Garnet  and  the  re&t  that  were  executed 
fcr  the  Guii-Powder-Plot,  were  reputed  Mar- 
tyrs for  the  ("athoKck  cause  by  the  college  of 
Jesuits  ut  Rome,  where  that  Harangue  was 
pronounced.*'  Sec  also  Welwood. — It  is  now 
a  common  opinion  that  the  above  Letter  to 
lord  Mounfeagle  was  sent  by  his  sister  Mary 
the  wife  of  Thomas  Habington  or  Abingdon. 
Some  particulars  of  this  family  and  of  their 
concern  with  the  treasonable  transactions  in 
tbc  reigns  of  Elizabeth  and  James  1st.  are  to  be 
JimuJ  ui  Nash's  History  of  Worcestei  >hire. 


I 


he  thought  it  was  not  to  be  contemned,  for  that 
the  sti!e  of  it  seemed   to  be  more  quick  and 
)ithy,  than  is  iiiuai  to  be  in  any  pasquil  or  li- 
>el,  the  superfluities  of  idle  brains.     But  the  . 
earl  of  Salisbury,  perceiving  the  king  to  appre- 
hend it  deeplier  than  he  looked  for,  knowing 
his  nature,  told  him,  that  lie  thought,  by  one 
sentence  in  it,  that  it  was  like  to  be  written  by 
some  fool,  or  madman,  reading  to  him  this  sen- 
tence in  it :  '  For  the  danger  is  past,  as  soon  as 
you  have   burnt  the   letter ;'  which,  he  said, 
was  likely  to  be  the  saying  of  a  fool  ;    for,  if 
the  danger  was  past,  so  soon  as  the  letter  was 
burnt,  then  the  warning  behoved  to  be  of  little 
avail,  when  the   burning  of  the  letter  might  . 
make  the  danger  to  be  eschewed.      But  the 
king,  on  the  contrary,  considering  the  former  . 
sentence  in  the  letter,  4  That  they  should  re- 
ceive a  terrible  blow  at  this  parliament,1  and 
yet  should  not  see  who  hurt  them,  joining  it  to 
the  sentence   immediately   following,   already  . 
nlledged,  did  thereupon  conjecture,   that  the 
danger  mentioned  should  be  some  sudden  dan- 
ger by  blowing  up  of  powder  ;  for  no  other  in- 
surrection, rebellion,  or  wlintsoever  other  pri- 
vate and  desperate  attempt  could  be  commit-  . 
ted,  or  attempted,  in  time  of  parliament,  and 
the  authors  thereof  unseen,  except  only  if  it 
were  by  a  blowing  up  of  powder,  which  might 
be  performed  by  one  base  knave  in  a  dark 
4  corner :  Whereupon  he  was  moved  to  interpret 
and  construe  the  latter  sentence  iu  the  letter, 
alltdged  b)  the  earl  of  Salisbury,  against  all  or- 
dinary sense  and  construction  in  grammar,  as 
if  by  these  words,  '  For  the  danger  is  past,  as 
soon  as  you  have  burnt  the  letter  ;'    should  he 
closely  understood  the  suddenness  and  quick- 
ness of  the  danger,  which  should  be  as  quickly 
performed  and  at  an  end,  as  that  paper  should 
be  a  blazing  up  in  the  lire ;    turning  that  word 
of  *  as  soon'  to  the  sense  of  '  as  quickly  ;*  and 
therefore  wished,  that,  before  his  going  to  the 
parliament,  the  under-rooms  of  the  parliament- 
house  might  be  well  and  narrowly  searched. 
But,  the  earl  of  Salisbury  wondering  at  this  his 
majesty's  commentary,  which  he  knew  to  be  so 
far  contrary  to  his  ordinary  and  natural  dispo- 
sition, who  did  rather  ever  sin  upon  the  otner 
side,  in  not  apprehending,  nor  trusting  due  ad- 
vertisements of  pructices  aud  perils,  when  he 
was  truly  informed  of  them,  whereby  he   had 
many  times  drawn  himself  into  many  desperate 
dangers;  and  interpreting  rightly  this  extraor- 
dinary caution  at  this  time  to  proceed  from  the 
vigilant  care  he  had  of  the  whole  state,. more 
than  of  his  own  person,  which  could  not   but 
have  all  perished  together,  if  this  desiimment 
had  succeeded,  he  thought  good  to  dissemble 
still  unto  the  king,  that  there  had  been  any  just 
cause  of  such  apprehension  ;  and,  ending   the 
purpose  with  some  merry  jest  upon  this  sub- 
ject, as  his  custom  is,  took   bis  leave  for  that 
time.     But,  though  lie  seemed  so  to  neglect  it 
lo  his  majesty,  yet,  his  customable  and  watch- 
ful care  of  the  khi£  and  the  stale  still  boiling 
within  him,  and  having,  with  the  blessed  virgin 
Mary,  laid  up  in  his  heart  the  king's  so  strung* 


199]         STATE  TRIALS,  3  James  I.  1606.— The  Trials  qfthc  Conspirators        [200 


judgment  and  construction  of  it,  he  could  not 
lie  at  rear,  till  he  acquainted  the  foresaid  lords 
what  had  parsed  between  the  king  and  him  iu 
private.  Whereupon  they  were  nil  so  earnest 
to  renew  again  the  memory  of  the  same  pur- 
pose to  his  majesty,  that  it  was  agreed,  that  he 
should  the  next  day,  being  Saturday,  repair  to 
hi*  highness;  which  he  did  in  the  same  pi  ivy 
gallery,  uud  renewed  the  memory  thereof,  the 
lord  chamberlain  then  being  present  with  the 
king.  At  which  time  it  was  determined.  Thar 
the  said  lord  chain bei lain  should,  according  to 
his  custom  and  office,  view  all  the  parliament- 
hou-cs,  both  above  and  LeloW,  and  consider 
whut  likelihood  or  appearance  of  any  such 
danger  might  possibly  be  gathered  by  the  sight 
of  them  :  But  yet,  as  well  for  btaying  oF  idle 
rumours,  as  for  being  the  more  able  to  discern 
any  mystery,  the  nearer  that  things  were  in 
readiness,  his  journey  t hither  was  ordained  to 
be  deferred  till  the  afternoon  before  the  sitting 
down  of  the  parliament,  which  was  upon  the 
Monday  following.  At  which  time  he  (accord- 
ing to  this  conclusion)  went  to  the  parliament- 
house,  accompanied  with  my  lord  Montcagle, 
being,  in  zeal  to  the  king's  service,  earnest  and 
curiou*  to  see  the  event  of  that  accident, 
whereof  he  had  the  fortune  to  be  the  first  dis- 
coverer ;  where,  having  viewed  all  the  lower 
rooms,  he  found,  in  the  vault,  under  the  upper 
house,  great  store  and  provisiou  of  billets,  fag- 
cots,  and  coals;  and,  inquiring  of  Whyneard, 
keeper  of  the  wardrobe,  To  what  usehe  had 

{>ut  those  lower  rooms  and  cellais?  lie  told 
liin,  That  Thomas  Percy  had  hired  both  the 
house,  and  part  of  the  cellar,  or  vault,  under 
the  same  ;  and  that  the  wood  and  coal  therein 
were  the  said  gentleman's  own  provision. 
Whereupon,  the  lord  chamberlain,  casting  his 
eye  aside,  perceived  a  fellow  standing  in  a 
comer  there,  calling  himself  the  said  Percy's 
man,  and  keeper  of  that  house  for  him,  but  in- 
deed wa*  Ouido  Fuwke*,  the  owner  of  that  hand, 
which  should  have  acted  that  monstrous  tragedy. 
The  lord  chamberlain,  looking  upon  all 
things  with  a  heedful  indeed,  yet,  in  outward 
appearance,  with  but  a  careless  and  racklcss 
eye,  as  became  so  wise  an  1  diligent  a  minister, 
ho  presently  addressed  himsi-lf  to  the  king  in 
the  said  privy  gallery ;  where,  in  the  presence 
of  the  lord  treasurer,  the  lord  admiral,  the  earls 
of  Worcester,  Northampton,  and  Salisbury,  ho 
made  his  report  what  he  had  seen  and  observed 
there;  noting,  that  Montcagle  had  told  him. 
That  he  no  *oo:h.t  heard  Thomas  Percy  named 
to  be  the  po**i:^-ir  of  that  hou-c,  but,  consi- 
derinir  both  his  bacJ.wardncss  in  religion,  and 
th«'oId  dc:.riie.'.f  in  friendship  between  himself 
and  the  v»id  Percy,  he  did  t:  really  suspict  the 
matter,  joi  \  th-.-t'the  htt.-r  >hmfd  come  from 
him.  The  said  l.ird  chamberlain  also  told, 
That  l:e  did  not  wonder  a  little  at  the  extraor- 
dinary great  provision  of  wood  ;:nd  coal  in  that 
IiuUmC,  where  Thotnai  Percy  had  so  seldom  oc- 
<:  isiou  to  renin  in  ;  as  likewise  it  gave  him  in 
his  mind,  th:tt  his  man  looked  like  a  tcrv  tall 
and  dcr-i'crau  tVIIvw. 


This  could  not  but  increase  the  king's  former 
apprehension  and  jealousy ;  whereupon,  he  in- 
sisted, as  before,  That  the  house  was  narrowly 
to  he  searched,  and  that  those  billets  and  coals 
should  be  searched  to  the  bottom,  it  being 
most  suspicious,  that  they  were  laid  there  only 
for  covering  of  the  pov.  der.  Of  this  same  mind 
also  were  all  the  counsellors  then  present ;  but 
upon  tl>e  fashion  of  making  of  the  search  was 
it  long  debated  :  For,  upon  the  one  side,  they 
were  all  so  jealons  of  the  king's  safety,  that 
they  all  agreed,  That  there  could  not  be  too 
much  caution  used  for  preventing  his  danger; 
and  yet,  upon  the  other  parr,  they  were  all  ex- 
treme loth  and  dainty,  that,  iu  case  this  letter 
should  prove  to  be  nothing  but  the  evapora- 
tion of  an  idle  brain,  then  a  curious  search 
bemg  made,  and  noihing  found,  should  not 
only  uini  to  the  (general  scandal  of  the  king 
and  the  state,  as  being  so  suspicious  of  every 
light  and  frivolous  toy,  hut  likewise  lav  an  ill- 
favoured  imputation  upon  the  carl  of  Nor- 
thumberland, one  of  his  majesrv's  greatest  sub- 
jects and  counsellors,  this  Thomas  Percy  being 
his  kinsman  and  most  confident  familiar.  Ami 
the  rather  were  they  curious  upon  this  point, 
knowing  how  far  the  king  detested  to  be  thought 
suspicious  or  jealous  of  any  of  his  good  subjects, 
though  of  the  meanest  decree ;  and  therefore, 
though  they  all  agreed  upon  the  main  ground, 
which  was  to  provide  for  the  security  of  the 
king's  person,  yet  did  they  much  riilfer  in  the 
circumstances,  by  which  this  action  might  be 
best  carried  with  least  din  and  occasion  of 
slander.  But,  the  king  himself  still  persisting, 
that  there  were  dhers  shrewd  appearances,  and 
that  a  narrow  search  of  those  places  could  pre* 
judge  no  man  that  was  innocent,  he  at  last 
plainly  resolved  them',  That  either  must  all  the 
parts  of  those  rooms  be  narrowly  searched,  and 
no  possibility  of  danger  left  unexamined,  or  else 
he  and  they  all  must  resolve  not  to  meddle  in  it  at 
all,  hut  plainly  to  go  the  next  day  to  the  parlia- 
ment, and  leave  the  success  to  fortune;  which, 
he  believed,  they  would  be  loth  to  take  upon 
their  conscience ;  for,  in  such  a  case  as  this, 
an  half-doing  was  worse  than  no  doing  at  all. 
Whereupon  it  was  at  last  concluded,  That 
nothing  should  be  left  unsearchc.d  in  those 
houses ;  and  yet,  for  the  better  colour  and  stay 
of  rumour,  in  case  nothing  were  found,  it  was 
thought  meet,  that,  upon  a  pretence  of  Why 
neard's  missing  some  of  the  kind's  stuff,  or 
hangings,  which  he  hud  in  keeping,  all  tho*e 
rooms  should  he  narrowly  ripped  for  them. 
And,  to  this  purpose,  was  sir  Thomas  Kncvet, 
(a  gentleman  of  his  majesty's  privy-chamber) 
employed,  being  a  just  ire  of  peace  in  West- 
minster, and  <.i:e,  of  whose  ancient  fidelity 
both  the  h:te  queen  ami  our  now  sovereign 
have  had  large  proof;  who,  according  to  the 
trust  committed  unto  him,  went,  about  the 
midnight  next  after,  to  the  parliament -house, 
accompanied  with  such  a  small  number  as 
was  Jit  for  that  errand:  but,  before  his  entry 
in  the  house  finding  Thomas  1'ercy's  alledued 
man  standing  without  the  door*,  his  clothes  and 


201] 


STATE  TRIALS,  3  James  L  1C06— in  tJie  Gunpowder  Plot. 


[202 


boots  on,  at  so  dead  a  time  of  the  night,  he 
resolved   to    apprehend  him;  as  he  did,   and 
thereafter  went  forward  to  the  searching  of  the 
house,  where,  after  he  had  caused  to  be  over- 
turned some  of  the  billets  and   coals,  he  iirst 
found  one  of  the  small  barrels  of  powder,  and 
afterwards  all  the  rest,  to  the  number  of  36 
barrels,    great    and    small ;    and    thereafter, 
searching   the   fellow,   whom    he  had    taken, 
found  three  matches,  and  all  other  insti  uments 
fit  for  blowing  up  the  powder,  ready  upon  him  ; 
vtuch  made  him  instantly  confess  his  own  guil- 
tless; declaring  also  unto  him,  That,  if  he 
fed  happened  to  be  within  the  house,   when  j 
ie  took  him,  as  he  was  immediately  before  (at 
the  ending  of  his  work)  he  would  not  have 
toiled  to  have  blown  him  up,  house  and  all. 

Thus,  after  sir  Thomas  had  caused  the 
wretch  to  be  surely  hound,  and  well  guarded 
bjr  the  company  he  had  brought  with  him,  he 
himself  returned  back  to  the  king's  palace, 
and  gave  warning  of  his  success  to  the  lord 
Chamberlain,  and  earl  of  Salisbury,  who  imme- 
diately warning  the  rest  of  the  council,  that  lay 
is  the  I »o use  ;  as  soon  as  they  could  get  them- 
selves ready,  came,  with  their  fellow  counsel- 
lor*, to  the  king's  bed-chamber,  being,  at  that 
time,  near  four  of  the  clock  in  the  morning. 
And  at  the  first  entry  of  the  king's  chamher- 
do-jr,  the  lord  chamberlain,  being  not  any 
longer  able  to  conceal  bis  joy  for  the  prevent- 
ion of  so  great  a  danger,  told  the  king,  in  a 
confused  haste,  that  all  was  found  and  disco- 
vered, and  the  traitor  in  hands  and  fast  bound. 

Then,  order  being  first  taken  for  sending  for 
the  rest  of  the  council  that  lay  in  the  town, 
the  prisoner  himself  was  brought  into  the  house, 
•here,  in  respect  of  the  strangeness  of  the  acci- 
dent, do  man    was  stayed  from  the  sight,  or 
speaking  with  him.     And,  within  a  uhilc,after, 
the  council  did  examine  him  ;  who,  seeming  to 
pot  on  a  Horn  an  resolution,  did,  both  to   the 
(uuicil,  and   to  every  other  person  that  spoke 
*ith  him  that  day,  appear  so  constant  and  set- 
tal  upon    his  grounds,  as  we  all  thought  we 
fed  found    some  new  Mutius  Scaivola  born  in 
kctand.     For,  notwithstanding  the  horror  of 
delict,  tin*  guilt  of  his  conscience,  his  sudden 
mrprizing,  the  terror  which  should  have  been 
ttark  in  him,  by  coming  into  the  presence  of 
*  grave  a  council,  and  the  restless  and  con- 
futd  questions,  that  every  man,  all  that  day, 
H  v»  him  with  ;  yet  wa.s  his  countenance  so 
&rfroin  l»eing  dejected,  as  he  often  smiled  in 
^vmful  manner,  not  only  avowing  the   fact, 
Bf:t  repenting  only,  with  the  said  Scaevulu,  his 
failing  jn  the  execution  thereof,  whereof,  he 
*-*lf  the  devil,  and  not  God,  was  the  disco- 
■trer  ;  answering  'quickly  to  every  man's  ol»- 
.fiion,  *rottiii£  at  any   idle  questions  which 
•ere  propounded  unto   him,  and  jesting   with 
"vrh  a>  lit.'  thought  had  no  authority  to  examine 
bra.     All  chat  day  could  the  council  get  no- 
"tf^  out  of  him,   touching   his  accomplices, 
rttuMUg    to    answer  to    any  such   questions, 
vlirh  he  thought  might  discover  the  plot,  and 
ii;..n^  all  the  blame  upon  himself;  w hereunto, 


he  said,  he  was  moved,  only  for  religion  and 
conscience  sake,  denying  the  king  to  be  his  law- 
ful sovereign,  or  the  Anointed  of  God,  in 
respect  he  was  an  hcrctick,  and  giving  himself 
no  other  name,  than  John  Johnson,  servant  to 
Thomas  Percy.  But,  the  next  morning,  being 
carried  to  the  Tower,  he  did  not  there  remain 
above  two  or  three  days,  being  twice  or  thrice, 
in  that  space,  re-examined,  and  the  rack  only 
offered  and  shewed  unto  him,  when  the  mask 
of  hi*  Roman  fortitude  did  visibly  begin  to 
wear  and  slide  off  his  face  ;  and  then  did  he 
begin  to  confess  part  of  the  truth,  and,  there- 
after, to  open  the  whole  matter,  as  doth  appear, 
by  his  Depositions  immediately  following. 

The  true  Copy  of  the  Deposition  of  Guido 
Fa  wees,  taken  in  the  Presence  of the  Coun- 
sellors, whose  names  are  underwritten. 

"  I  confess,  that  a  practice,  in  general,  was 
first  broken  unto  me,  against  his  majesty,  for 
relief  of  the  Catholick  cause,  and  not  invented 
or  propounded  by  myself.  And  this  was  first 
propounded  unto  me  about  Easter  last  was 
twelve-month,  beyond  the  seas,  in  the  Low- 
Countries,  of  the  archduke's  obeisance,  by 
Thomas  Winter,  who  came,  thereupon,  with 
me  into  England,  and  there  we  imparted  our 
purpose  to  three  other  gentlemen  more,  namely, 
Robert  Catesby,  Thomas  Percy,  and  John 
Wright,  who,  all  five,  consulting  together,  of 
the  means  how  to  execute  the  same  ;  and  tak- 
ing a  vow,  among  ourselves,  for  secrecy, 
Catesby  propounded  to  have  it  performed  by 
gunpowder,  and  by  making  a  mine  under  the 
upper  house  of  parliament;  which  place  we 
made  choice  of,  the  rather,  because,  religion 
have  been  unjustly  suppressed  there,  it  waa 
fittest  that  justice  and  punishment  should  be 
executed  there. — This  being  resolved  amongst 
us,  Thomas  Percy  hired  an  house  at  Westmin- 
ster for  that  pui  pose,  near  adjoining  to  the  par- 
liament-house, and  there  we  began  to  make 
our  mine,  about  the  11th  of  December,  1001. 
— The  five,  that  first  entered  into  the  work, 
were  Thomas  Percy,  Robert  Catesby,  Thomas 
Winter,  John  Wright,  and  myseif,  and,  socn 
after,  we  took  another  unto  u>,  Chiistopher 
Wright,  having  sworn  him  aho,  and  taken 
the  Sacrament  for  secrecy. — When  we  caine 
to  the  very  foundation  of  the  wall  of  the  house, 
which  was  about  three  yards  thick,  and  found 
it  a  matter  of  great  duiiculty,  we  took  unto  us 
another  gentleman,  Robeit  Winter,  in  like 
manner,  with  the  Oath  and  Sacrament  as 
aforesaid. — It  was  about  Christmas,  when  we 
brought  our  mine  unto  the  wall,  and,  about 
Candlemas,  wc  had  wrought  the  wall  half 
through:  and,  whilst  they  were  iu  \  diking,  I 
stood  as  sentinel,  to  descry  any  man  that  came 
near,  whereof  I  gaic  them  warning,  and  so  they 
ceased,  until  I  gave  notice  again  to  proceed. — 
All  we  Seven  lay  in  the  house,  and  hud  shot 
and  powder,  being  rc-ohed  to  die  in  thatpldce, 
before  we  should  yield  or  be  taken. — As  they 
were  working  upon  the  wall,  they  heard  a 
rushing  in   a   cellar,  of  removing  of  coals; 


103]         STATE  TRIALS,  3  J  amei  I.  1606.— TIic  Trials  of  the  Conspirators         [204 


whereupon  we  feared  we  had  been  discovered  ; 
and  they  sent  me  to  go  to  the  cellar,  who  find- 
ing that  the  coals  were  a  selling,  and  that  the 
cellar  wns  to  be  let,  viewing  the  commodity 
thereof  for  our  purpose,  Percy  went  and  hired 
the  same  for  yearly  rent. — We  had,  before  this, 
provided  and  brought  into  the  house  20  barrels 
of  powder,  which  we  removed  into  the  cellar, 
and  covered  the  same  witl^  billets  and  faggots, 
which  were  provided  tor  that  purpose. — About 
Easter,  the  parliament  being  prorogued  till 
October  next,  we  dispersed  ourselves,  and  I  re- 
tired into  the  Low-Countries,  by  advice  and 
direction  of  the  rest;  as  well  to  ucouuint  Owen 
with  the  particulars  of  the  plot,  as  also,  lest, 
by  my  longer  stay,  I  might  have  grown  suspi- 
cious, and  so  have  come  in  question. — In  the 
mean  time,  Percy,  having  the  key  of  the  cellar, 
laid  in  more  powder  and  wood  into  it.  I  re- 
turned, about  the  beginning  of  September  next, 
and,  then,  receiving  the  key  again  of  Percy, 
we  brought  in  more  powder,  and  billets  to 
cover  the  same  again,  and  so  I  went,  for  a  time, 
into  the  country,  till  the  30th  of  October. — It 
was  further  resolved  amongst  us,  that  the  same 
day,  that  this  act  should  have  been  performed, 
tome  other  of  our  confederates  should  have  sur- 
prised the  person  of  the  lady  Elizabeth,  the 
king's  eldest  daughter,  who  was  kept  in  War- 
wickshire, at* the  lord  Harrington's  hou'-e,  and 
presently  have  proclaimed  her  queen,  having  a 
project  of  a  proclamation  ready  for  that  pur- 
pose ;  wherein  we  made  no  mention  of  altering 
religion,  nor  would  have  avowed  the  deed  to  be 
ours,  until  we  should  have  had  power  enough  to 
make  our  party  good,  and  then  we  would  have 
avowed  both. — Concerning  duke  Charles,  the 
king's  second  son,  we  had  sundry  consultations, 
how  to  seize  on  his  person :  but,  because  we 


to  obtain  pardon  ;  for,  speaking  of  my  tempo- 
ral part,  I  may  say,  the  fault  is  greater  than 
can  be  forgiven  ;  nor  affecting  hereby  the  title 
of  a  good  subject;  for  I  must  redeem  my  coun- 
try from  as  great  a  danger,  as  I  liuve  hazarded 
the  bringing  of  her  into,  before  I  can  purchase- 
any  such  opinion ;  only  at  your  honours  com- 
mand I  will  briefly  set  down  my  own  accusa- 
tion, and  how  far  I  have  proceeded  in  this  bu- 
siness: which  I  shall  the  faithfuller  do,  since  I 
see  such  courses  are  not  pleasing  to  Almighty 
God,  and  that  ail,  or  the  most  material  parts, 
have  been  already  confessed. 

I  remained  with  my  brother  in  the  country 
from  Alihallow's-tide,  until  the  beginning  of 
Lent,  in  the -year  of  our  Lord  160  J,  the  first, 
year  of  the  king's  reign ;  about  which  time  Mr. 
Cutesby  sent  thither,  iutreating  me  to  come  to 
London,  where  he,  and  other  my  friends,  would 
he  glad  to  see  me.  I  desired  hiin  to  excuse 
me ;  for  I  found  myself  not  very  well  disposed ; 
and,  which  had  happened  never  to  mc  before, 
returned  the  messenger  without  my  company. . 
Shortly  I  received  another  letter,  in  any  wise  to 
come.  At  the  second  summons,  I  presently 
came  up,  and  found  him  with  Mr.  John  Wright, 
at  Lambeth,  where  he  broke  with  me,  how  ne- 
cessary it  was  not  to  forsake  our  country,  for  he 
knew'  I  had  then  a  resolution  to  go  over,  but 
to  deliver  her  from  the  servitude  in  which  she 
remained,  or  at  least  to  assist  her  with  our  ut- 
termost endeavours.  I  answered,  that  I  bad 
often  hazarded  my  life  upon  far  lighter  terms, 
and  now  would  not  refuse  any  good  occasion, 
wherein  I  might  do  service  to  the  Catholic 
cause ;  but  for  myself,  I  knew  no  mean  pro- 
bable to  succeed.  He  said  that  he  had  be- 
thought him  of  a  way  at  one  instant  to  deliver 
us  from  all  our  bonds,  and  without  any  foreign 


found  no  means  how  to  compass  it,  the  duke  '  help  to  replant  again  the  Catholic  religion;  aud 


being  kept  near  London,  where  we.  had  not 
f  >rcc  enough,  we  resolved  'to  serve  our  turn 
with  the  lady  Elizabeth." 

The  Names  of  other  principal  persons,  that 
were  made  privy  afterward*  to  this  horrible 
conspiracy. — Evcrard  Dighy,  knt.  Ambrose 
UooKwood,  Francis  Tresham,  John  Grant,  Ro- 
bert Key  is. 

Commissioners ;  Nottingham,  Suffolk,  Wor- 
cester, Devonshire,  Northampton,  Salisbury, 
Marre,  Dunbarr,  Popham. — Edward  Coke,  W. 
Waad. 

And  in  regard,  that,  before  this  discourse 
could  be  ready  to  go  to  the  press,  Thomas  Win- 
ter, being  apprehended,  and  brought  to  the 
Tower,  made  a  Confession,  in  substance  agree- 
ing with  this  former  of  Fawkes,  only  larger  in 


withal  told  me  in  a  word,  it  was  to  blow  up  the 
Parliament-house  with  gunpowder;  for  said  he, 
in  that  place  have  they  done  us  all  the  mischief, 
and  perchance  God  hath  designed  that  place 
for  their  punishment.  I  wondered  at  the 
strangeness  of  tiie  conceit,  and  told  him  that 
true  it  was,  this  struck  at  the  root,  and  would 
breed  a  confusion  fit  to  beget  new  alterations ; 
but  if  it  should  not  take  effect,  as  mn.it  of  this 
nature  miscarried,  the  scandal  would  be  so  great, 
which  the  Catholic  religion  might  hereby  sus- 
tain, as  not  only  our  enemies,  but  our  friends 
also  would  with  good  reason  condemn  us.  lie 
told  mc,  the  nature  of  the  disease  required  so 
sharp  a  remedy,  and  asked  mc  if  I  wuuld  give 
my  consent.  I  told  him  Yc9,  in  this  or  what 
else  soever,  if  he  resolved  upon  it,  I  would  Ven- 


souie  circumstances  :  I  have  thought  &>od  to  '  tare  my  life.  But  1  proposed  many  difficulties, 
insert  the  same  likewise  in  this  place,  for  the  ;  as  want  of  an  house,  and  of  one  to  carry  the 
further  clearing  of  tin*  matter,  and  greater  bene-  '  mine,  noise  in  the  working,  and  such  like.    His 


fit  of  the  reader. 

Thomas  Winter's  Coxfhssion,  taken  the 
23rd  of  November  1605.  in  the  presence 
of  the  Counsellors,  whose  names  are  under-' 
written, 

u  My  most  honourable  lords;  Not  out  of  hope 


I  answer  was,  Let  us  give  an  attempt,  and  where 
|  it  faileth,  pass  no  further.  But  fu^t,  quoth  he, 
because  w  e  will  leave  no  peaceable  aud  quiet 
way  untried,  you  shall  go  over  aud  inform  the 
Constable  of  the  state  of  the  Catholics  here  in 
England,,  iff  treating  him  to  solicit  his  majesty, 
at  liis  coming  hither,  that  the  penal  laws  ma/ 


203] 


STATE  TRIALS,  3  James  I.  1606 — in  the  Gunpowder  Plot. 


[200 


be  recalled,  and  we  admitted  into  the  rank  of 
his  other  subjects ;  withal,  you  may  bring  over 
some  confident  gentleman,  such  as  you  shall 
understand  best  able  for  this  business,  and 
named  unto  me  Mr.  Fawkes.  Shortly  after,  I 
passed  the  sea,  and  found  the  Constable  at  Ber- 

rkn  neur  Dunkirk,  where,  by  help  of  Mr.  Owen, 
delivered  my  message;  whose  answer  was 
that  he  had  strict  command  from  his  master,  to 
do  all  good  offices  for  the  Catholics,  and  for 
his  own  part,  he  thought  himself  bound  in  con* 
science  so  to  do,  and  that  no  good  occasion 
ikmld  be  omitted,  but  spoke  to  him  nothing  of 
ibis  matter. 

Returning   to   Dunkirk    with    Mr.   Owen, 
we  had  speech,  whether  he  thought  the  Con- 
stable would  faithfully  help  us,  or  no.     He  said 
he  believed  nothing  less,  and  tliat  they  sought 
only  their  own  ends,  holding  small  account  of 
Catholics.     I  told  him  that  there  were  many 
gentlemen  in  England,  who  would  not  forsake 
their  country,  until  they  had  tried  the  uttermost, 
tod  rather  venture  their  lives,  than  forsake  her 
in  this  misery.     And  to  add  one  more  to  our 
lumber,  as  a  lit  man  both  for  counsel  and  exe- 
cution of  whatsoever  we  should  resolve,  wished 
for  Mr.  Fawkes,  whom  I  had  heard  good  com- 
mendations of;  he  told  me  the  gentleman  de- 
served no  less,  but  was  at  Brussels,  and  that,  if 
he  came  not,  as  happily  he  might,  before  my 
departure,  he  would  send  him  shortly  after  into 
England.     I  went  soon  after  to  Osteod,  where 
sir  William  Stanley,  as  then,  was  not,  hut  enme 
two  days  after.     I  remained  with  him  three  or 
four  days,  in  which  time  I  asked  him,  if  the 
Catholics  in  England  should  do  any  thing  to  help 
tbtroelves,  whether  he  thought  the  archduke 
*ou!d  second  them  ?  lie  answered,  No,  for  all 
those  parts  were  so  desirous  of  peace  with  Fng- 
Uad,  as  they  would  endure  no  speech  of  other 
enterprise  ;    neither  were  it  fit,  said  he,  to  set 
tot  project  n-foot,  now  the  peace  is  upon  con- 
dtding.     I  told  him  there  was  no  such  resolu- 
tion, and  so  fell  to  discourse  of  other  matters, 
*tiH  I  came  to  speak  of  Mr.  Fawkes,  whose 
fmpany  I  wished  over  into  England  ;  I  asked 
rf t»  sufficiency  in  the  wars,  and  told  him  we 
«Vxjtd  need  such  as  he,  if  occasion  required ; 
he  gave  very  good  commendations  of  him.  And 
ii«$  were  thus  discoursing,  and  ready  to  de- 
part for  Newport,  and  taking  my  leave  of  sir 
William,  Mr.  Fawkes  came  into  our  company, 
•ewlv  returned,  and  saluted  us.     This  is  the 
Gentleman,  said  sir  William,  that  you  wished 
for,  and  so  we  embraced  again.     I  told  him, 
•ome  good  friends  of  his  wished  his  company  in 
England,  and  that,  if  he  pleaded  to  come  to 
Dank  irk,  we  would   have  further  conference, 
whither  I  was  then  going  :  so  taking  my  leave 
•f  them  both,  I  departed.  About  two  days  after 
enme  Mr.  Fawkes  to  Dunkirk,  where  1  told 
hnn  that  we  were  upon  a  resolution  to  do  some- 
what in  England,  if  the  peace  with  Spain  helped 
ti  not,  but  as  yet  resolved  upon  nothing;  such 
or  the  like  talk  we  passed  at  Graveling,  where 
I  lay  for  a  wind,  and  when  it  sorted  came  both 
»  one  passage  to  Greenwich,  near  which  place 


we  took  a  pair  of  oars,  and  so  came  up  to  Lon- 
don, and  came  to  Mr.  Catesby,  whom  we  found 
in  his  lodging;  he  welcomed  us  into  England, 
and  asked  me  what  news  from  the  Constable. 
I  told  him,  Good  words,  but  I  feared  the  deeds 
would  not  answer.  This  was  the  beginning  of 
Easter  term  ;  and  about  the  midst  of  the  same 
term,  whether  sent  for  by  Mr.  Catesby,  or  upon 
some  business  of  his  own,  up  came  Mr.  Thomas 
Percy.  The  first  word  he  spoke,  after  he  came 
into  our  company,  was,  Shall  we  always,  gen- 
tlemen, talk,  and  never  do  any  tiling?  Mr.  Ca- 
tesby  took  him  aside,  and  had  speech  about 
somewhat  to  be  done,  so  as  first  we  might  all 
take  an  oath  of  secrecy,  which  we  resolved  within 
two  or  three  days  to  do ;  so  as  there  we  met 
behind  St.  Clement's,  Mr.  Catesby,  Mr.  Percy, 
Mr.  Wright,  Mr.  Guy  Fawkes,  and  myself;  and 
having  upon  a  Primer  given  each  other  the  oath 
of  secrecy,  in  a  chamber  where  no  other  body 
was,  we  went  after  into  the  next  room  and 
heard  mass,  and  received  the  blessed  sacrament 
upon  the  same.  Then  did  Mr.  Catesby  disclose 
to  Mr.  Percy,  and  I,  together  with  Jack  Wright, 
tell  to  Mr.  Fawkes,  the  business  for  which  we 
took  this  oath,  which  they  both  approved. 
And  then  was  Mr.  Percy  sent  to  take  the  house 
which  Mr.  Catesby  in  my  absence  had  learned 
did  belong  to  one  Ferris,  which  with  some  diffi- 
culty, in  the  end,  he  obtained,  and  became,  as 
Ferris  before  was,  tenant  to  Whinniard.  Mr. 
Fawkes  underwent  the  name  of  Mr.  Percy's* 
man,  calling  himself  Johnson,  because  his  face 
was  the  most  unknown,  and  received  the  keys 
of  the  house,  until  we  heard  the  parliament 
was  adjourned  to  the  7th  of  February.  At 
which  time,  we  all  dqiarted  several  ways  into 
the  country  to  meet  again  at  the  beginning  of 
Michaelmas  term.  Before  this  time  also,  it 
was  thought  convenient  to  have  a  house  that 
might  answer  to  Mr.  Percy's,  where  we  might; 
make  provision  of  powder  and  wood  for  the 
mine,  which  being  there  made  ready,  should  in 
a  night  be  conveyed  by  boat  to  the  house  by 
the  parliament,  because  we  were  loth  to  foil 
that  with  often  going  in  and  out.  There  was 
none  that  we  could  devise  so  tit  as  Lambeth, 
where  Mr.  Catesby  often  lay ;  and,  to  be  keeper 
thereof,  by  Mr.  Catesby's  choice,  we  received 
into  the  number  Keys,  as  a  trusty  honest  mao  ; 
this  was  about  a  month  beforo  Mic-hut-lmas. 

Some  fortnight  after  towards  the  beginning 
of  the  term,  Mr.  Fawkes  and  I  came  to  Mr. 
Catesby  at  Morcrofts,  where  we  agreed  that 
now  was  time  to  begin  and  set  things  in  order 
for  the  mine.  So  as  Mr.  Fawkes  went  to  Lon- 
don, and  the  next  day  sent  for  me  to  come 
over  to  him  ;  when  I  came,  the  cause  was,  for 
that  the  Scottish  lords  were  appointed  to  sit  in 
conference  of  the  union  in  Mr.  Percy's  house. 
This  hindered  our  beginning  until  a  fortnight 
before  Christmas,  by  which  time  both  Mr. 
Percy  and  Mr.  Wright  were  come  to  London, 
and  we,  against  their  coining,  hud  provided  a 
good  part  of  the  powder;  so  as  we  all  live  en- 
tered with  tools  ht  to  begin  our  work,  having 
provided  ourselves  of  baked-meats,  the  lest  W 


207]  STATE  TRIALS,  3  James  I.  1606.'— -7fe  Triah  of  the  Conspirators         [20$ 


need  sending  abroad.  We  entered  late  in  the 
nighry  and  we  never  saw,  save  only  Mr.  Percy's 
man,  until  Christmas-Eve.  In  which  time  we 
wrought  uuder  a  little  entry  to  the  wall  of  the 
parliament-house,  and  underpropped  it,  as  we 
went,  with  wood. 

Whilst  we  were  together  we  began  to  fashion 
our  business,  and  discoursed  what  we  should  do 
after  this  deed  was  done.  The  first  question 
was,  how  we  might  surprise  the  next  heir ;  the 
prince  haply  would  be  at  the  parliament  with 
the  king  hi*  father,  how  should  we  then  be  able 
to  seize  on  the  duke  ?  This  burthen  Mr.  Percy 
undertook,  that  by  his  acquaintance,  he,  with 
another  gentleman,  would  enter  die  chamber 
without  suspicion,  and  having  some  dozen 
others  at  several  doors  to  expect  his  coming, 
and  two  '  or  three  on  horseback  at  the  court- 
gate  to  receive  him,  he  would  undertake  (the 
blow  being  given,  until  which,  he  would  attend 
in  the  duke's  chamber)  to  carry  him  safe  awav; 
for  he  supposed  most  of  the  court  would  ue 
absent,  ami  such  as  were  there  not  suspecting, 
or  unprovided  for  any  such  matter.  For  the 
lady  Elizabeth,  it  were  easy  to  surprise  her  in 
the  country,  by  drawing  friends  together  at  an 
hunting,  near  the  lord  Harrington's,  and  Ashby, 
Mr.  Catesby's  house,  being  uot  far  otF,  was  a 
fit  place  for  preparation. — The  next  was  for 
money  and  horses,  which  if  we  could  provide 


tlurd  time,  opportunity  was  given  to  hire  the 
cellar  in  which  we  resolved  to  lay  the  powder 
and  leave  the  mine. 

Now,  by  reason  that  the  charge  of  maintain- 
ing us  all  so  long  together,  besides  the  number 
of  several  houses,  which,  for  several  uses,  had 
been  hired,  and  buying  of  powder,  &c.  had 
lain  heavy  on  Mr.  Catesby  alone  to  support,  it 
was  necessary  for  him  to  call  in  some  others  to 
ease  his  charge ;  and  to  that  end  desired  leave, 
that  he,  with  Mr.  Percy,  and  a  tlurd,  whom 
they  should  call,  might  acquaint  whom  they 
thought  tit  and  willing  to  the  business;  for 
many,  said  ho,  may  be  content  that  I  should 
know,  who  would  not  therefore  that  all  the 
company  should  be  acquainted  with  their 
names  :  to  this  we  all  agreed. — After  this, 
master  Fawkes  laid  into  the  cellar  (which  he 
had  newly  taken)  a  thousand  billets,  and  five 
hundred  faggots,  and  with  that  covered  the 
powder,  because  we  wight  have  the  house  free, 
to  suffer  any  one  to  enter  that  would.  Mr. 
Catesby  wished  us  to  consider,  whether  it  were 
not  now  necessary  to  send  Mr.  Fawkes  over, 
both  to  absent  himself  for  a  time,  as  also  to 
acquaint  sir  William  Stanley  and  Mr.  Owen 
with  this  matter.  We  agreed  that  he  should 
(provided  that  he  gave  it  them  with  the  same 
oath  that  we  had  taken  before)  viz.  To  keep 
it  secret  from  all  the  world.     The  reason,  why 


in  any  reasonable  measure,  having  the  heir  ap-  we  dcsircM  sir  William  Stanley  should  be  ap- 
parent, and  the  first  knowledge  by  four  or  five  !  qua  in  ted  herewith,  was,  to  have  him  with  us 
days,  was  odds  sufficient. — Then  what  lords  we  j  as  soon  as  he  could  :  and  for  Mr.  Owen,  lie 
should  save  from  the  parliament,  which  was  '  might  hold  good  correspondency  after,  with  fo* 
first  agreed  in  general,  as  many  as  we  could  '  reign  princes.  So  Mr.  Fawkes  departed  about 
that  were  catholicks,  or  so- di -posed  :  but  after  I  Easter  for  Flanders,  and  returned,  the  latter 
we  descended  to  speak  of  particulars. — Next,  j  end  of  August.  He  told  me,  that,  wheu  he 
what  foreign  princes  we  should  acquaint  with    arrived  at  Brussels,  sir  William  Stanley  was  not 


this  before,  or  join  with  after.  For  this  point 
■we  agreed,  that  first  we  could  not  enjoin 
princes  to  that  secrecy,  nor  oblige  them  by 
oath,  so  to  be  secure  of  their  promise;  besides, 
we  knew  not  whether  they  will  approve  the 
project,  or  dislike  it.  And.  if  they  do  allow 
thereof,  to  prepare  before  might  beget  suspi- 
cion ;  and,  n>t  to  provide  until  the  business 
were  acted,  the  sauie  letter  that  carried  news 
of  the  thing  done,  might  as  well  intreat  their 
help  and  furtherance.  Spain  is  too  slow  iu 
his  preparations,  to  hope  any  good  from  in  the 
first  extremities,  and  liance  too  near  and  too 
dangerous,  who  with  the  shipping  of  Holland, 
we  feared  ot'  all  the  world,  might  make  away 
with  us. 

But  while  we  were  in  the  middle  of  these 
discourses,  we  heard  that  the  parliament  should 

m  i  •  •  •  i  i  *  it  « ■      t  1 


returned  from  Spain,  so  as  he  uttered  the  mat- 
ter only  to  Owen,  who  seemed  well  pleased 
with  the  business,  but  told  him,  that  surely  sir 
Willi.im  would  not  be  acquainted  with  any 
plot,  a*  having  business  now  a  fool  in  the  court 
of  Kngland ;  but  he  himself  would  be  always 
ready  to  tell  it  him,  and  send  him  away  as 
soon  as  it  were  done. 

About  this  time  did  Mr.  Percy  and  Mr.  Ca- 
tesby meet  at  the  Bath,  where  they  agreed,  that, 
the  company  being  yet  but  few,  Mr.  Catesby 
should  nave  the  others  authority  to  call  in, 
whom  he  thought  best ;  by  which  authority  he 
called  in  after  sir  Kverurd  Digby,  though  at 
what  time  I  know  not,  mid  last  of  all  roaster 
Franci**  Treslnun.  The  first  promised,  as  I 
heard  Mr.  Catesby  say,  fifteen  hundred  pounds; 
J  the  second  two  thousand  pounds;  Mr.  Percy 


be  anew  adjourned  until    alter   Michaelmas;!  himself  promised  all   he  could  get  out  of  the 


upou  which  tiding-;,  we  broke  olf  both,  discourse 
and  working  until  after  Christinas.  About 
Candlemas,  we  brought  over  in  a  bout  the 
powder  which  we  hid  provided  at  Lambeth, 
am}  laid  it  in  Mr.  Percy'*  house,  because  we 
were  willing"  to  have  all  danger  in  one  place. — 
We  wrought  also  another  fortnight  in  the  mine 
against  the  stone  wall  which  was  very  hard  to 
beat  through  ;  at  which  time  we  called  in  Kit 
Wright,  and  near  to  Easter,  as  wo  wrought  the 


earl  of  Northumberland's  rents,  which  warn, 
about  four  thousand  pounds,  anil  to  provide 
many  gullopniitg  horses,  to  the  number  of  ten. 
— Me;m  while  Mr.  Fawkes,  and  myself  alone, 
bought  some  new-  powder,  as  suspectiug  the> 
first  to  be  dank,  and  conveyed  it  into  the 
cellar,  and  set  it  in  order,  as  we  resolved  it 
should  stand.  Then  was  the  parliament  a-new 
prorogued  until  the  fifth  of  November,  so  as 
we  all  went  dowu  until  some  ten  days  before. 


209] 


STATE  TRIALS,  3  James  I.   [60G.~ in  the  Gunpowder  Plot. 


[210 


when  Mr.  Catesby  came  up  with  Mr.  Fawkes 
to  an  house  by  Enfield- Ch  ace,  called  White- 
Webbes,  whither  I  came  to  tliem,  and  Mr.  Ca- 
tesby wiUed  me  to  enquire,  whether  the  young 
prince  came  to  the  parliament.  I  told  him,  j 
that  I  heard  that  his  grace  thought  not  to  be  l 
there.  Then  must  we  have  our  horses,  said  j 
Mr.  Catesby,  beyond  the  water,  and  provision  i 
of  more  company  to  surprise  the  prince,  and 
leave  the  duke  alone. — Two  days  after,  being 
Sunday  at  ni^hr,  in  came  one  to  my  chamber, 
and  told  me,  that  a  letter  had  been  given  tcv 
my  lord  Monteagle,  to  this  effect :  that  he 
wished  his  lordship's  absence  from  the  parlia- 
ment, because  a  blow  would  there  be  given. 
Winch  letter  lie  presently  carried  to  my  lord 
of  Salisbury. — On  the  morrow  I  went  to  White- 
Webbes,  nnd  tuld  it  Mf.  Catesby,  assuring 
ban  wkhal,  that  the  matter  was  disclosed  ; 
and  wishing  him  in  any  case  to  forsake  his 
country.  lie  told  me,  he  would  see  further  as 
yet,  and  resolved  to  send  Mr.  Fawkes  to  try 
the  uttermost,  protesting,  if  the  part  belonged 
to  himself,  he  would  try  the  same  adventure. 
•—On  Wednesday  master  Fawkes  went,  and 
returned  at  night,  of  which  we  were  very  glad*, 
—Thursday  I  came  to  London,  and  Friday 
master  Catesby,  master  Tresham,  and  I  met  at 
Barnet,  where  we  questioned  how  this  letter 
should  be  sent  to  my  lord  Monteagle,  but  could 
not  conceive,  for  master  Tresham  forswore  it, 
whom  we  only  suspected. — On  Saturday  night 
I  met  Mr.  Tresham  again  in  Uncotn's-Inn 
walks  ;  wherein  he  told  Mich  speeches,  that  my 
lord  of  Salisbury  should  use  to  the  king,  as  I 
pve  it  lost  the  second  time,  and  repeated  the 
same  to  Mr.  Catesby,  who  hereupon  was  re- 
solved to  be  gone,  but  staid  to  have  master 
Percy  come  up,  whose  consent  herein  we 
wanted.  On  Sunday  Mr.  Percy,  being  dealt 
with  to  that  end,  would  needs  abide  the  utter- 
most trial. 

The  suspicion  of  all  bauds  put  us  into  such 
confusion,  as  master  Catesby  resolved  to  go 
down  into  the  country,  the  Monday  that  mas- 
Mr  Percy  went  to  Sion,  and  master  Percy  re- 
tailed to  follow  tlie  same  night,  or  earlv  the 
text  morning.  About  five  of  the  clock,  ocing 
Tuesday,  came  the  younger  Wright  to  my 
dumber,  and  told  me,  of  a  nobleman,  called 
the  lord  Monteagle,  saying,  Arise,  and  come 
•long  to  Essex  house,  for  I  am  going  to  call  up 
By  lord  of  Northumberland  ;  saying  withal, 
the  matter  is  discovered.  Go  back,  master 
Wright,  quoth  I,  and  learn  what  you  can  about 
Essex  eate.  Shortly  he  returned,  nnd  said, 
Surely  all  is  lost ;  for  Jjepton  is  got  on  horse- 
back at  Essex  door,  and,  as  he  parted,  he  ask- 
ed, if  their  lordships  would  have  any  more  with 
him ;  and  being  answered,  No,  is  rode  fast  up 
Fleet-street  us  he  can  ride.  Go  yon  then, 
quoth  1,  to  Mr.  Percy,  for  sure  it  is  for  him 
they  seek,  and  bid  him  he  gone,  I  will  sruy  and 
see' the  uttermost.  Then  I  went  to  tlie  court-  ' 
gate*,  and  found  them  btraightly  guarded,  so  as  I 
bo  body  could  enter.  From  thence  I  went  ! 
down  towards  the  parliament-bouse,  and,  in 

VOL.  II. 


the  middle  of  King-street,  found  tie  guard 
standing,  that  would  not  let  me  pass.  And, 
as  I  returned,  1  heard  one  say,  There  is  a 
treason  discovered,  in  which  the  king  and  the 
lords  should  have  been  blown  up.  So  then  I 
was  fully  satisfied  that  all  was  known,  'and 
went  to  the  stable,  where  my  griding  stood,  and 
rode  into  the  country.  Mr.  Ctitrshy  had  ap- 
pointed our  meeting  at  Dunchurch,  but  I  could 
not  overtake  them  until  1  came  to  my  brother's, 
which  was  Wednesday  night.  On  Thursday 
we  took  the  armour  at  inv  lord  Windsor's,  and 
went  that  night  to  one  Stephen  Littleton's 
house,  where  the  next  day',  being  Friday,  us  I 
was  early  abroad  to  discover,  my  man  came  to 
me,  and  said,  that  an  heavy  mischance  had  se- 
vered all  the  company,  for  that  Mr.  Catesby, 
Mr.  I  took  wood,  and  Mr.  Grant  were  burnt 
with  gunpowder,  upon  winch  sight  the  rest  dis- 
persed. Master  Littleton  wished  me  to  fly, 
and  so  would  he.  I  told  him,  I  would  first 
see  the  body  of  my  friend,  and  bury  hiir, 
whatsoever  befel  inc.  When  I  came,  i  found 
Mr.  Catesby  reasonable  well,  master  i'ciiy, 
both  the  Wright",  Mr.  ltookwood,  and  master 
Grant.  I  asked  them  what  they  resolved  to  do. 
They  answered,  We  mean  here  lo  die.  1  said 
again,  J  would  take  such  part  as  they  did. 
Alx)ut  eleven  of  the  clock  came  the  company 
to  beset  the  house,  and,  as  I  walked  into  the 
court,  i  was  shot  into  the  shoulder,  which  lost 
me  the  use  of  my  arm  ;  the  next  shot  was  the 
elder  Wright  struck  dead ;  alter  him  the 
younger  Mr.  Wright ;  and  fourthly,  Ambrose 
Rook  wood.  Then  siid  Mr.  Catesby  to  me, 
(standing  before  the  door  they  were  to  enter) 
Stand  by  ine,  Tom,  and  we  will  die  together. 
Sir,  quoth  1,  1  have  lost  the  use  oi  my  right 
arm,  and  I  fear  that  will  (muse  me  to  be  takeiu 
So,  as  we  stood  close  together,  Mr.  Cate^y, 
Mr.  Percy,  and  myself,  they  two  were  >l»ot,  as 
far  as  I  could  guess,  with  oue  bullet,  and  then 
the  company  entered  upon  me,  hint  mc  in  the 
belly  with  a  pike,  and  gave  me  other  wound*, 
until  one  came  behind,  and  caught  hold  of 
both  my  arms.     And  so  I  remain,  Yours,  &c." 

Commissioners;  Nottingham,  Suffolk,  Wor- 
cester, Devonshire,  Northampton,  Salisbury, 
Marr,  Dunbar,  Pop  ham. — Edw.  Coke.  W. 
Waad. 

The  Names  of  those  that  were  first  in  tike 
treason,  and  laboured  in  the  mine ;  Robert 
Catesby,  Robert  Winter,  esqrs.  Thomas 
Percy,  Thomas  Winter,  John  Wright,  Christo- 
pher Wright,  Guido  Fuwkes,  gentlemeu.  And 
Bates,  Catesby's  man. 

Those  that  were  made  acquainted  with  it, 
though  not  personally  labouring  in  the  mine, 
nor  in  the  cellar  ;  Event rd  Diebv,  km.  Am- 
brose Rook  wood,  Francis  Tresham,  esnxs. 
John  Gnuint,  gent.     Robert  Kevos. 

Rut  here  let  us  leave*  Fawkes  in  a  lodging  fit 
for  such  a  guest,  and  taking  time  to  advise 
upon  hi*  conscience,  and  turn  ourselves  to  that 
part  of  the  history,  which  concerns  the  fortune 
of  the  rest  of  their  partakers  in  that  abomina- 
ble treason.     The  iiev\s  was  no  sooner  spread 


ill]  STATE  TRIADS,  S  James  I.  loofi.— The  Trials  of  the  Conspirators        [212 

but  far  more,  in  faith  or  justness  of  quarrel.— 
And  so,  nrter  that  this  Catholick  troop  bad 
wandered  a  while  through  Warwickshire  to 
Worcestershire,  and  from  thence  to  the  edge 
and  bordei  s  of  Staffordshire,  this  gallantly  armed 
bund  had  not  the  honour,  at  the  last,  to  ne  beat- 
en with  a  king's  lieutenant,  or  extraordinary 
commissioner,  sent  down  tor  the  purpose,  but 
only  by  the  ordinary  sheriff  of  Worcestershire 
were  they  all  beaten,  killed,  taken,  and  dispersed. 
Wherein  ye  have  to  note  this  following  circum- 
stance so  admirable,  and  so  lively  displaying  the 
greatness  of  God's  justice,  as  it  could  not  be 
concealed,  without  betraying,  in  a  manner,,  the 
glory  due  to  the  Almighty  for  the  same.  —Al- 
though divers  of  the  king's  Proclamations  were 
posted  down  after  these  traitors  with  all  the 
speed  possible,  declaring  the  odiousness  of  that 
bloody  attempt,  the  necessity  to  have  had  Percy 
preserved  alive,  if  it  had  been  possible,  and  the 
assembly  together  of  that  rightly  damned  crew, 
now  no  more  darkened  conspirators,  hut  open 
and  avowed  rebels;  yet  the  far  distance  of  the 
wa y,which  was  above  an  hum lred  miles,  together 
with  the  extreme  deepness  thereof,  joined  also 
with  the  shortness  ol  the  day,  was  the  cuuse 
that  the  hearty  and  loving  affections  x>f  the 
king's  good  subjects,  in  those  parts,  prevented 
the  speed  of  his  proclamations.  •  For,  upon  the 
third  day  after  the  flying  down  of  these  rebeb, 
which  was  upon  the  Friday  next  after  the  dis- 
covery of  their  Plot,  they  were  most  them  all 
surprized  by  the  slientY  of  Worcestershire,  at 
Hoiheech,  ahout  the  noon  of  the  day,  and  that 
in  manner  following  : —  Graunt,  of  whom  I 
have  mode  mention  before,  for  taking  the  great 
horses,  who  had  not,  ail  the  preceding  time, 
stirred  from  his  own  house  till  the  next  morn- 
ing, ufter  the  attempt  should  have  been  put  in 
execution  ;  he  then  laying  his  accounts  without 
his  host,  :is  the  proverb  is,  that  their  Plot  had, 
without  foiling,  received  the  day  before  their 
hoped-for  success;  took,  or  rather  stole,  out 
tho-c  horses,  as  1  said  before,  for  enabling  him, 
and  so  many  of  that  foulest  society,  that  had  still 
remained  in  the  country  near  about  him,  to  make 
a  sudden  surprise  upon  the  king's  elder  daughter, 
(he  lady  Elizabeth,  having  her  residence  nearby 
that  place,  whom  they  thought  to  have  used  for 
the  colour  of  their  treacherous  design,  Kb 
majesty,  her  lather,  her  mother,  nud  male  chil- 
dren being  all  destroyed  above,  and  to  this  pur- 
pose, also,  had  that  Niiurod,  Digby,  provided 
his  hunting-match  against  that  same  time,  that, 
uumbeis  of  people  being  nocked  together,  upon 
the  pretence  thereof,  they  might  the  easilier 
hare  brought  to  pass  the  sudden  turprise  of  her 
person. 

Now  the  violent  taking  away  of  those  horses, 
long  before  day,  did  seem  to  he  so  great  a  riot, 
in  the  eves  of  the  common  people,  that  knew 
of  no  greater  mystery :  And  the  bold  attempt- 
ing thereof  did  ingeiider  such  a  suspicion  of 
some  following  rebellion  in  the  hearts  of  the 
wiser  sort,  as  both  great  and  small  began  to  stir 
and  arm  theiutefve*,  upon  thin  outooked-for 
accident.    But,  before  twelve  or  sixteen  bouts 


abroad  that  morning,  which  was  upon  a  Tues- 
day, the  fifth  of  November,  and  the  first  day 
designed  for  that  sessiou  of  parliament ;  the 
news,  I  say,  of  this  so  strange  and  unlooked- 
for  accident  was  no  sooner  divulged,  but  some 
of  those  conspirators,  namely,  Winh  r,  and  the 
two  brothers  of  Wright's,  thought  it  high  time 
for  them  to  hasten  out  of  the  town  (for  Catesbv 
was  gone  the  night  before,  and  Percy  at  four  of 
the  clock  in  the  morning  the  same  day  of  the 
discovery)  und  all  of  them  held  their  course, 
with  more  haste  than  good  speed,  to  Warwick- 
shire toward  Coventry,  where  the  next  day 
morning,  being  Wednesday,  and  about  the 
frame  hour  that  Fawkcs  was  taken  in  West- 
minster, one  Graunt,  a  gentleman,  having  asso- 
ciated unro  him  some  others  of  his  opinion,  all 
violent  papists,  and  strong  recusants,  came  to 
a  stable  of  one  Be  no  eke,  a  rider  of  great 
horses,  and,  having  violently  broken  up  the 
same,  carried  along  with  them  all  the  great 
horses  that  were  therein,  to  the  number  of 
seven  or  eight,  belonging  to  divers  noblemen 
and  gentlemen  of  that  country,  who  had  put 
them  into  the  rider's  hands  to  be  made  fit  for 
their  service.  And  &o  both  that  company  of 
them  uhich  iled  out  of  London,  as  also  Graunt, 
and  his  accomplices,  met  all  togetlier  at  Dun- 
church,  at  sir  Everard  Digby's  lodging,  the 
Tuesday  at  night,  after  the  discovery  of  this 
treacherous  attempt ;  the  which  Digby  had 
likewise,  for  his  part,  appointed  a  match  of 
hunting,  to  have  been  hunted  the  next  day, 
which  was  Wednesday,  though  his  mind  was, 
Niinrod-like,  upon  a  kit  other  maimer  of  hunt- 
ing, more  beni  upon  the  blood  of  reasonable 
men  than  brute  beasts. 

This  company,  and  hellish  society,  thus  con- 
vened, finding  their  purpose  discovered,  and 
their  treachery  prevented,  did  resolve  to  run  a 
desperate  course ;  and,  since  they  could  not 
prevail,  by  so  private  a  blow,  to  practise,  by  a 
public  rebellion,  either  to  attain  to  their  intents, 
or,  at  least,  to  save  themselves  in  the  throng  of 
others.  And,  tlierefore,  gathering  all  the  com- 
pany they  could  unto  them,  and  pretending  the 
quarrel  of  religion,  having  intercepted  such 
provision  of  armour,  horses,  and  powder,  as  the 
time  could  permit,  thought,  by  running  up  and 
down  the  country,  both  to  augment  piece  and 
piece  their  numher  (dreaming  to  themschct, 
that  they  had  the  virtue  of  a  suow-ball,  which, 
being  little  at  the  first,  und  tumbling  down 
from  a  great  hill,  groweth  to  a  great  quantity, 
by  increasing  itself  with  the  snow  that  it  meet- 
eth  by  the  way)  and  also,  that  they,  beginning 
first  this  brave  shew,  in  one  part  of  the  coun- 
try, should,  by  their  sympathy  and  example, 
stir  up  and  encourage  the  rest  of  their  religion, 
in  other  parts  of  England,  to  rise,  as  they  had 
done  there.  But,  when  they  had  gathered  their 
force  to  the  greatest,  they  came  not  to  the  num- 
ber of  fourscore  ;  and  yet  were  they  troubled,  all 
the  hours  of  the  day,  to  keep  and  contain  their 
own  servants  from  stealing  from  them ;  who, 
notwkiistanding  all  their  aire,  daily  left  them, 
being  for  inferior  to  Gideon's  host  in  number, 


213] 


STATE  TRIALS,  3  JauU  I.  1600.— in  the  Gunpowder  Plot. 


[214 


past,  Catesby,  Percy,  the  Winters,  Wrights, 
Kookwood,  and  the  rest,  bringing  then  the  as- 
surance, that  their  main  Plot  was  failed  and 
bewrayed,  whereupon  they  had  built  the  golden 
mountain  of  their  glorious  hopes :  They  then 
took  their  last  desperate  resolution,  to  flock  to- 
gether in  a  troop,  and  wander,  as  they  did,  for 
the  reasons  afore  told.  But  as,  upon  the  one 
parr,  the  aealous  duty  to  their  God,  and  their 
XHrereigii,  was  so  deeply  imprinted  in  the  hearts 
of  all  die  meanest  and  poorest  son  of  the  peo- 
|ae,  although  then  knowing  of  no  further  mys- 
tery, than  such  publick  misbehaviours,  ns  their 
fan  eyes  taught  them,  as,  notwithstanding  of 
their  fair  sheus  and  preteuces  of  their  Ca- 
tholick  cause,  no  creature,  man  or  woman, 
through  all  the  country,  would,  once,  so  much 
as  give  them,  willingly,  a  cup  of  driuk,  or  any 
ant  of  comfort  or  support,  but,  with  execra- 
tions, detested  them :  so  on  the  other  part, 
the  sheriff*  of  the  shire*,  through  which  they 
wandered,  conveying  their  people  with  all  speed 
possible,  hunted  as  hotly  after  them,  as  the  evil- 
new  of*the  way,  and  the  unprovidedness  of 
their  people,  upon  that  sudden,  could  pennit 
them.  And  so  at  last,  after  sir  Richard  Ver- 
se?, sheriff  ot  Warwickshire,  had  carefully  and 
Rraightly  been  in  chace  of  them  to  the  confines 
of  hu  county,  part  of  the  meaner  sort  being 
also  apprehended  by  him ;  sir  Richard  Walsh, 
sheriff  of  Worcestershire,  did  likewise  dutifully 
sad  hotly  pursue  them  through  his  shire  :  And, 
laving  gotten  sure  trial  of  their  taking  harbour 
at  the  house  above-named,  he  did  send  trum- 
peters and  messengers  to  them,  commanding 
them,  in  the  king's  name,  to  'render  unto 
him,  his  majesty's  minister ;  and  knowing  no 
■roe,  at  that  time,  or  their  guilt,  than  was 
publickly  visible,  did  promise,  upon  their  duti- 
ful and  obedient  rendering  unto  him,  to  inter- 
cede, at  the  king's  hands,  for  the  sparing  of 
(heir  lives ;  who  received  only,  from  them,  this 
scornful  answer,  they  being  better  witnesses  to 
taeotselves  of  their  inward  evil  consciences, 
1  That  he  had  need  of  better  assistance,  than  of 
1  those  few  numbers  that  were  with  him  before  he 
'could  be  able  to  command  or  controul  them/ 
fist  here  fell  the  wonderous  work  of  God's 
josttce,  that,  while  this  message  passed  between 
the  sheriff  and  them,  the  sheriff's  and  his  peo- 

ts  hearts  being  justly  kindled  and  augmented 
their  arrogant  answer ;  and  so,  they  prepar- 
ing themselves  to  give  a  furious  assault,  and 
the  other  party  making  themselves  ready,  with- 
in the  house,  to  perform  their  promise  by  a 
defence  as  resolute ;  it  pleased  God,  that,  in 
the  mending  of  the  lire,  in  their  chamber,  one 
small  spark  should  fly  out,  and  light  among  less 
than  two  pound-weight  of  powder,  which  was 
(trying  a  little  from  the  chimney ;  which,  being 
thereby  blown  up,  so  maimed  the  faces  of  some 
of  the  principal  rebels,  and  l  he  hands  and  sides 
uf  otliers  of*  them,  blowing  up  with  it  also  a 
great  bag  full  of  powder,  which,  notwithstand- 
ing, never  took  fire,  as  they  were  not  only 
disabled  and  discouraged  liereby,  from  any 
farther  resistance,  in  respect  Catesby  *  himself, 


Rookwood,  Grant,  and  divers  others  of  greatest 
account  among  them,  were,  thereby,  made 
unable  for  defence,  bur,  also,  wonderfully  struck 
with  amazement  iu  their  guilty  consciences, 
calling  to  memory,  how  God  hud  justly  pu- 
nished them  with  that  same  instrument,  which 
they  should  have  used  for  the  effectuating  of  so 
great  a  sin,  according  to  the  old  Latin  saying, 
'  In  quo  peccemus,in  eodciu  plectimur;'  as  they 
presently,  (see  the  wonderful  power  of  God's 
justice  upon  guilty  consciences,)  did  all  fall 
down  upon  their  knees,  praying  God  to  pardon 
them  for  their  bloody  enterprise;  and,  there* 
after,  giving  over  any  further  debate,  opened 
the  gate,  suffered  the  sheriff's  people  to  rush  in 
furiously  among  them,  and  desperately  sought 
their  own  present  destruction  :  The  three  spe- 
cials of  them  joining  bucks  together,  Catesby, 
Percy,  and  Winter,  whereof  two,  with  one 
shot,  Catesby  and  Percy,  were  slain,  aud  the 
third,  Winter,  taken  and  saved  alive. 

Aud  thus  these  resolute  und  thigh  aspiring 
Catholicks,  who  dreamed  of  no  less  than  the 
destruction  of  kings  aud  kingdoms,  and  pro- 
mised to  themselves  no  lower  estate,  than  the 
government  of  great  and  ancient  monarchies, 
were  miserably  defeated,  and  quite  overthrown 
in  an  instant,  fulling  in  the  pit  which  they  had 
prepared  for  others  ;  and  so  fulfilling  that  sen- 
tence, which  his  majesty  did,  in  a  maimer,  pro- 
phesy of  them,  in  his  oration  to  the  parliament; 
bouie  presently  slain,  others  deadly  wounded, 
stripped  of  ihcir  clothes,  left  lying  miserably 
naked,  and  so  dying,  rather  of  cold,  than  of 
the  danger  of  their  wounds ;  and  the  rest,  that 
cither  were  whole,  or  but  lightly  hurt,  taken 
and  led  prisoners  by  the  sheriff,  the  ordinary 
minister  of  justice,  to  the  Jul,  the  ordinary 
place,  even  of  the  basest  malefactors,  where 
they  remained  till  their  sending  up  to  London, 
being  met  with  a  huge  confluence  of  people  of 
all  sorts,  desirous  to'  see  them,  as  the  rarest 
sort  of  monsters :  fools  to  laugh  at  them,  wo- 
men and  children  to  wonder,  all  tlte  common 
people  to  gaze,  the  wiser  sort  to  satisfy  their 
curiosity,  in  seeing  the  outward  cases  of  so  un- 
heard of  a  villainy  ;  and,,  generally,  all  sorts  of 
people,  to  satiate  and  fill  their  eyes  with  the 
sight  of  them,  whom,  in  their  hearts,  they  so  far 
admired  and  detested  ;  serving  so  for  a  fearful 
and  publick  spectacle  of  God's  fierce  wrath  and 
just  indignation. 

What,  hereafter,  will  be  done  with  them,  in 
to  be  left  to  the  justice  of  ins  majesty  and  the 
state ;  which,  as  no  good  subject  needs  to 
doubt,  will  be  performed  in  its  own  due  time, 
by  a  public  aud  exemplary  punishment ;  so  hav« 
we,  all  that  are  faithful  and  humble  subjects, 
great  cause  to  pray  earnestly  to  the  Almighty, 
that  it  wilt  please  him,  who  hath  the  hearts  of 

*  Catesby,  who  whs  the  first  inventor  of 
this  treason  in  general,  and  of  the  manner  of 
working  the  same  by  powder,  in  special,  himself 
now  first  maimed  with  the  blowing  up  of  pow- 
der, and,  ncatt,  he  und  Percy  both  killed  with 
one  shot  proceeding  from  powder. 


213]     STATE  TRIALS,  3  James  I.  160(3— The  Trials  of  the  Conspirators,  ftr.      [S10 


all  princes  in  his  hands  to  put  in  his  majesty's  • 
heurt,  to  make  such  a  conclusion  of  this  trage-  . 
dy  to  the  traitors,  hut  tragicomedy  to  the  king, 
mid  all  his  true  subjects,  as,  tliereby,  the  glory 
of  Gud.  unci  his  true  religion,  may  be  advanced; 
the  tuiuic  security  of  the  kiin:.  and  his  estate,  j 

{■rocured  and  provided  fnr ;  all  hollow  and  dis- 
aim-M  heart;*.  di>o>\tml  and  pievented.';  and 
this  horrible  attempt,  lacking  due  epithets,  to 
l»e    so  jiiNtly    avenged:     that    whereas    ihey 
thiHi^ht,  by  out*  C-uttinlick  indeed,  and  univer-  I 
Mil  hlon.  to  accomplish  theui^h  i>t  that  Koniau  ' 
tyrant,  nho  wished  all  the  hodus,  in  Koine,  to  ! 
have  l>nt  one  neck,  and  so,  b\  the  \iolent  force 
of  potuier,  to  break  up,  a*  with  a  petard,  our  , 
triple- locked  peaceful  j;ate«  of  J.ums,  which,  ' 
God  lie  i hanked,  they   could  no!  cinpass  by 
uuv  other  im*an> ;    thev  inav  itistlv   Ik-  so  re- 
compcn>rd,   for  their  tru'y   xipemus  intended  * 
pnruciJe,  a>  the  shame  ami  infamy  that,  other-  I 
\mm\  would  lit*lu  upon  thi*  whole  nation,  lor 
hawng  unfortunately  hatch*  d  such  cockatrice-; 
evys,  may   tie   rvpaiicd,  by  t!ie  execution  of  fa- 
mous au.l  honourable  justice  upon  the   offen- 
der*, and  so  the  kingdom  pureed  of  them  may, 
hcrcaftt :-,   }»erpettirilly   houn>h   in   peace   and 
pro*|HTK).  by  the  happy  conjunction   oi  the 
hearts   «>f  a!i   lionot    ;i:;d    ime   subjects,   with 
their  ju>:  and  nl^io;  s  *oicniitn. 

,\'.i  I  thus  w!ierea*  they  thought  to  liave  ef- 
t  icco  our  mcuiorics  tlie  memory  of  them  shall 
reman:,  b  i:  to  l lie  r perpetual  lufamy;  and  we. 
as  I  «ui.i  1:1  the  hc-senminc,  sh.-.ii,  \*:*ii  aii  thank- 
f.aiu>»,  ttcri  -;u!t  pu^'rie  the  iinaiorf  oi  *o 
Ktvat  a  it  net-:.     To  which  Ic%  *u  v  -rood  >«b- 

|OCt  Xs  \   A  UK  It.  • 


Hie-e  :*  i:i  the&d\  ohime  ofli'c  U.i?k.*».M:»- 
ce.Ljni.  p.  Mo,  a  11  *;ory  oi tiio  i«uiir»««idci' 
Trc.»":i,  CviaU'*.  cu  from  1.1:101;$  authors 
I  .:t  :K*  eiMipilcr  *ce;r.»  to  bu»t  nia  Je  no 
u«c  of  K:.i£  Jai'u>*>  Wot*.  In  :oc  siiue 
*o!  srrc.  i»  H7.  h  <in  Account  oi  t:*e  Ar- 
r»u:tv».:eiii  a:*.  J  Kjl^ utu  a  of  Pi  shy.  the 
two  W  ::ur*.  Grant.  Kvkwwd.  Ke*es, 
JGifS  *::d  Johrwa  alu  >  r.i»\k*s.  1;  «a> 
y  »..  >;.*a  4t  t3«  tia:e.  b*. :  i*  very  c:d  »;.:.c: 
#u  •■.  *:.::f,.5.  a  ad  ::j  :.  .irt  of  ;:,  c\c<«:  j«*r- 
►  *i»  f.t  \  Jo«:n^F  is  a;  til  *  jrtc  n.t^r^r. 

"•  N ■.«■*.  -r:er  :h.-:-0  —  ictnra:.  :  zci  JiuL:- 
i-.<  ■:.  ;-.{^:".  ...s  r»  i\\*  T;.»«r.  :!.«■!* 
«"■•. }  rv  *.j:.:ed  1  1*  ?..e  Ti-uiso^.  f.  ..».•£: 
c  .v:  >.*-:^ci  jso  Wi\;:-.>  t  e«  x\e;e  vi.-«*:.  ?«: » 
>:  K..*  "»  v*^rviv-»-.tni. :-.  -»r  ■.  ■  ;he*r.  *:.".  !Sei*- 
*-^:  L*  i .  ■• .  :^.<  ct  *fWu  :er.  0  ■«■-.:.  a:  ■:  Ki:e** 
or  ■*..•»  .  L  Vtv'c  rv  >-^«i.  '  -i  i-^  "•'  i"\  1: 
wjr^r  ;.»  >tvji  0?".  b  :  .\:  >  ::  jf.  l<:  1  &  *:.- 
ia     .  a;:o  ^..  „-..  £  f  »•-  ac*-  j=c-s  "c!-  i  ".  \  :l<  nSZI-c. 

•*t:  ■•?  l>^.y.  .«  auu.  ^c  s(,  olv  ufpk'C  tc«. 
«n4  a  auiuy  aacvvr.  ]t«5  :-^^:  d  .-*rn  <ie,  l: 
RMt  dfean^e  of"  Bis.  fcVg.trvtiA^oe..  l-oca  **•.  :  :- 
««ri  ftmr  ot  iimt»x  iLr  h»»  c\i-  nr  jrv«  p-i_e 
aj*Jfc»t;t«hrta«y ;  »oc«u^MMdAa^  uuc  he 


forced  himself  to  speak,  as  stoutly  as  he  could, 
his  speech  was  not  lone,  aud  to  little  good  pur- 
pose, only,  that  his  belied  conscience,  being, 
out  indeed,  a  blinded  conceit,  had  led  him  into 
this otTence,  which,  in  respect  of  his  religion, 
alias,  indeed  idolatry,  he  held  no  otVence,  but, 
in  respect  of  the  law,  he  held  an  otTmce,  for 
which,  he  asked  forpveuess  of  God,  of  the 
king,  and  the  wlmle  kingdom;  and  so,  with 
Tain  and  superstitious  crosaiiii:  of  himself,  be- 
took him  to  his  Latin  prayers,  mumbling  to 
himself,  refusing  to  have  any  prayers  oi  any, 
but  of  the  Romish  Ouhul.cks;  went  up  toe 
ladder,  and  with  the  help  of  the  hangman, 
made  an  end  of shis  wicked  days  in  this  world. 

After  him  went  Winter  up  to  the  scaffold, 
where  he  used  few  words  to  any  effect,  without 
aakme  mercy  of  either  Of  id,  or  the  kinc,  lor  his 
o  tie  nee;  went  up  tlie  ladder,  and,  mtikui*  a  few 
pravers  10  himself,  staid  not  long  lor  his  exe- 
cution. 

After  him  went  Grant,  who  abominably 
blinded  with  his  horrible  idolatry,  though  he 
contested  his  otTence  to  be  heinous,  vet  would 
taiu  have  excused  it  by  his  conscience  tor  reli- 
gion ;  a  bloody  religion,  to  make  so  bloody  a 
conscience ;  but  better  tluit  his  blood,  and  all 
Mich  as  he  was,  should  be  shed  by  kie  justice 
of  l.w.  tiian  the  lilood  of  mam  thousands  to 
have  been  shed  by  his  Milainv,  without  law 
or  justice;  but  to  tie  parpese,  hnvine  used 
a  tlw  uiie  w-urds  to  ill  eucct.  he  na>,  as  his  tel- 
io«r>  Lei'.^e  him.  led  tLe  na\  to  the  halter; 
and  m\  attr  l.>  cn.?>in^  of  ii:m>eif,  to  the  last 
p^it  of  ni*  :r.i»jc(iy. 

I^t-:  .•[  t  eui  c«.:r.c  iiitcs,  who  seemed  sorry 
for  !-*  iknerce.  azui  asked  tcr^iveuess  of  God, 
ard  ti.e  kin^,  aud  of  ci.e  wl..iie  kiucioin  ; 
prave-i  :o  C^xl  fjr  the  pre  sedation  of  tbem 
ai.  a:*.d  as  he  said,  only  lur  his  lore  to  htt 
nia«:er.  drawn  t  j  torse*.  i::s  du:y  u>  (nxi.  his 
ki.-.c  and  country,  ana  >  heretbrt  w  as  now  drawo 
froti  the  Tower  10  $:.  Paul's  c.urcii-yard,  and 
there  har£t-d  an.i  q£*r;?rc>i  n:r  his  treachery. 
Tr  us  tided  :n*z  d.iv">  busirTes>. 

Tre  ni:*t  c^^«  rciz:^  Fr.dav,  we.e  drawn 
fr^ai  tui-  Tcwci  10  the  iKd  P-.  ace  ia  West- 
ic.:>ter.  ^\tr-*£a:rs:  tit-  Pari:amcct-bouse, 
Tron:j»  "■V;.-.ier  ;.' r  y^up^er  c.-vi-tr.  Kock- 
«.  .co.  K*}cs.  a^i  rV-wkes  tLe  r.;.n  r.  ju>riy 
c.u.e».i.  •  t-«*  IXt.i  of  t  e  Vaj'.e:"  i-jr  irid  ht 
::jt  fcet »  a  «.v.  .1  ;^ca.xatr.  ;  e  Lau  ::evtr  con- 
sXnrcd  y.^  r:M^:!->os  a  :^:*c^l.u  uwr  l«vd  cm- 
[Hovw  :n  *  -j   .iT.i:»:i«  j^  a.-;:  or.. 

1-e  s^.-^  *•-»>.  t«:r^  F:...^i>.  w^re  drawn 
•  c-:i  the  V.^i.-.  :■.•  t:.s  L'.i  Y*  a:*  in  Wrst- 
« t . :.« : c  r.  1  r^.*  r.  ■  >  ^^  -. r : rr .   K  :<:  i w  .^  «i ,  Keves. 

m 

:o  :i.T  *<■— t  .0.  nude  '«;*..e  *r«.r\:-  t  -.:  ?cen  «c|T, 
az'cs  xsr  l-.  •*  ;:  w<rc.  so  -.7  *  r  .3  .»cencr. 
t: i  ^ ;:  jr  «<*  r^  b:a*e^r.  ?.♦  ti»  u^a  tas.^*  were 
*■-.-'-*  :■.  :  b*  :.*,,i  tieii."*  »tvccaa.e^  iu«u-.e 
j.reici  r.j  ^e  a  w  r^sd  :n  tus  so1-!,  -m"  wbet  be 
-ail  z».c  yt"  j.  :"ol.  teel ..■•*.  rrc:e»t:i?c  u>  c*  a 
true  V.  iLi  -!-'.•*,  asaessai^:  w^  a  **r%  rale 
az'i  >*^ai  o:«jvt.  wer.:  up  toe  J^Kier,  aad,  aner 
a  4*--^  cr  two  vzta  a  b^iccy  ;o  a 


217] 


STATE  TRIALS,  *  James  I.  1606.— Trial  qf  Henry  Garnet. 


[21* 


block    was    drawn,    and   there   quickly    dis- 
patched. 

NeitJum  carae  Rockwood,  who  made  a 
apeech  of  some  longer  time,  confessing  his 
offence  to  God,  in  seeking  to  shed  blood, 
sad  asking  therefore  mercy  of  his  Divine  ma- 
jesty; bis  ofience  to  the  king,  of  whose  ma- 
jtsty  he  likewise  humbly  asked1  forgiveness, 
his  offence  to  the  whole  state,  of  whom  in 
general  he  asked  forgiveness ;  beseeching  God 
to  bless  the  king,  the  queen,  and  all  his 
royal  progeny,  and  that  they  might  long  live  to 
eign  m  peace  and  happiness  over  this  king- 
dom. But  la&t  of  all,  to  mar  all  the  pottage 
with  one  filthy  weed,  to  mar  this  good  prayer 
with  an  ill  conclusion,  he  prayed  God  to  make 
the  king  a  cathohek,  otherwise  a  papist,  which 
God  for  his  mercy  ever  forhid  ;  and  so,  be- 
seeching the  king  to  be  good  to  his  wife  and 
children,  protesting  to  die  in  his  idolatry,  a 
Romish  Catholick,  he  went  up  the  ladder,  and, 
banging  till  he  was  almost  dead,  was  drawn  to 
the  block,  where  he  gave  his  last  gasp. 


After  him  came  Keyes,  who  like  a  desperate 
villain,  using  little  speech,  with  small  or  no 
shew  of  "repentance,  went  stoutly  up  the  lad- 
der; where,  not  staying  the  hangman's  turn, 
he  turned  himself  off  with  such  a  leap,  that 
with  the  swing  he  brake  the  halter,  but,  after 
his  fall,  was  quickly  drawn  to  the  block,  and 
there  was  quickly  divided  into  four  parts. 

Last  of  all  came  the  great  devil  of  all, 
Fawkes,  alias  Johnson,  who  should  have  put 
fire  to  the  powder.  His  body  being  weak  with 
torture  and  sickness,  he  was  scarce  able  to  go 
up  the  ladder,  but  yet  with  much  ado,  by  the 
help  of  the  hangman,  went  high  enough  to 
break  his  neck  with  the  fall:  who  made  no 
long  speech,  but,  after  a  sort,  seeming  to 
be  sorry  for  his  offence,  asked  a  kind  of  for- 
giveness of  the  king  and  the  state  for  his  bloody 
intent ;  and,  with  his  crosses  and  his  idle  ce- 
remonies, made  his  end  upon  the  gallows 
and  the  block,  to  the  great  joy  of  the  be- 
holders, that  the  land  was  ended  of  so  wicked 
a  villainy/' 


81.  The  Trial  of  Henry  Garnet,  Superior  of  the  Jesuits  in  Eng- 
land, at  the  Guildhall  of  London,  for  a  High  Treason,  being  a 
Conspirator  in  the  Gunpowder  Plot :  4  Jac,  I.  28th  of  March, 
a.  d.   1606. 


iH£  Commissioners  present  were,  sir  Leo- 
nard Holyday,  Lord  Mayor;  the  earls  of  Not- 
tingham, Suffolk,  Worcester,  Northampton,  and 
Salisbury ;  L.  C.  Justice  of  England,  sir  John 
Pophum;  the  L.  C.  Baron  of  the  Exchequer; 
ur  Christopher  Yelverton,  kt.  one  of  his  ma- 
jesty** Justices  of  the  Kings-Bench. 

The  substance  and  effect  of  (he  Indictment 
of  Henry  Garnet,  superior  of  the  Jesuits  in 
England,  appeareth  before  in,  the  Relation  of 
the  former  Arraignment,  and  therefore  un- 
necessary to  be  repeated  again;  [S  Co.  Inst. 
S7.]  which  Indictment  was  summarily  and  ef- 
fectually repeated  by  sir  Johu  Croke  kt.  his 
•oesty's  Serjeant  at  law,  in  this  manner  : 

Sir  John  Croke.  This  person  and  priboner 
sere  at  the  bar,  this  place,  and  thk  present 
occasion  and  action,  do  prove  that  true,  which 
the  Author  of  all  Truth  hath  told  us;  That 
'  nihil  est  occultum,  quod  non  manifestabitur; 
'  et  nihil  e*t  secretum,  quod  non  revelabitur  et 
1  in  palain  veniet:'  There  is  nothing  hid  that 
ihall  not  be  made  manifest,  there  is  nothing 
Htret  that  shall  not  be  revealed  and  come  in 
publick.  And  that  God  by  whom  kings  do 
reign,  '  Consilium  pravorum  dissipat,'  doth 
tcatter  and  bring  to  nought  the  counsel  of 
the  wicked. — That  he  spake  with  fear  and  tremb- 
ling, and  with  liorror  and  nmayedncsg,  against 
that  rotten  root  of  that  hideous  and  hateful 
tree  of  treason,  and  of  that  detestable  and  un- 
heard of  wickedness,  he  did  crave  pardon  for 
it;  affirming  that  no  flesh  could  mention  it 
vkhout  astonishment. — lie  shewed  that  Henry 
Gtrntt,  of  the  profession  of  the  Jesuits,  other- 


wise Wally,  otherwise  Darcy,  otherwise  Roberts, 
otherwise  Farmer,  otherwise  Philips,  (for  by  all 
those  names  he  called  himself)  stood  indicted 
of  the  most  barbarous  and  damnable  treasons, 
the  like  whereof  was  never  heard  of:  That  he 
was  a  man  '  inultorum  nominum,'  but  not '  boni 
'  nominis ;'  of  many  names,  as  appeared  by  tbe 
indictment,  but  of  no  good  name ;  adorned  by 
God  and  nature,  with  many  gifts  and  graces,  if 
tbe  grace  of  God  had  been  joined  with  them : 
but  that  wanting,  *  quanto  ornatior'  in  other 
gifts  *  tanto  nequior*. — That  this  Garnet  (his 
majesty  summoning  his  parliament  to  be  holden 
at  Westminster  the  19th  of  March,  in  the  first 
year  of  his  reign,  and  by  divers  prorogations 
continuing  it  till  the  third  of  October  last) 
together  with  Catesby  lately  slain  in  open  re- 
bellion, and  witli  Oswald  Tesmond  a  Jesuit, 
otherwise  Oswald  Green  well,  as  a  false  traitor 
against  the  most  mighty  and  most  renowned 
kiug  our  sovereign  lord  king  James;  the  9th 
of  June  last,  traitorously  did  conspire  and  com- 
pass :  To  depose  the  kmg,  and  to  deprive  him 
of  his  Government :  To  destroy  and  kill  the 
king,  and  the  noble  prince  Henry  his  eldest 
son  :  such  a  king,  and  such  a  prince;  such  a  son 
of  such  a  father,  whose  virtuis  arc  rather  with 
amazed  silence  to  be  wondered  at,  than  able 
by  any  speech  to  be  expressed  :  To  stir  sedition 
aud  slaughter  throughout  the  kingdom:  To 
subvert  the  true  religion  of  God,  and  whole 
government  of  the  kingdom  :  To  overthrow  the 
whole  state  of  the  commonwealth. — The  man- 
ner how  to  perform  these  horrible  Treasons, 
the  Serjeant  said  *  llorreo  diccre,'  his  lips  did 


tremble  to  speak  it,  but  his  heart  praised  God 
for  his  mighty  deliverance.  The  practice  so 
inhuman,  so  barbarous,  so  damnable,  so  de- 
testable, as  the  like  *hs  never  read  nor  heard 
of,  or  ever  entered  into  the  heart  of  the  most 
wicked  man  to  imagine.  And  here  he  said,  he 
coulii  not  but  mention  that  religious  observation 
so  religiously  observed  by  his  religious  majesty, 
wishing  it  were  engraven  in  letters  of  gold,  in 
the  hem  ts  of  all  his  people ;  the  more  hellish 
the  imagination,  the  more  divine  the  preserva- 
tion.— This  Garnet,  together  with  Catesby  and 
Tesmond,  had  speech  and  conference  together 
of  these  Treasons,  and  concluded  most  traitor- 
ously and  devilishly :  That  Catesby,  Winter, 
Fawkes,  with  many  other  traitors  lately  arraign- 
ed of  high-treason,  woidd  blow  up  with  gun- 
powder in  the  parliament-house,  the  king,  the 
prince,  the  lords  spiritual  and  temporal,  tlie 
judges  of  the  realm,  the  knights,  citizens  and 
burgesses,  and  many  other  subjects  and  servants 
of  the  king  assembled  in  parliament,  at  one 
Wow,  traitorously  and  devilishly  to  destroy 
them  all  and  piecemeal  to  tear  them  in  asun- 
der, without  respect  of  majesty,  dignity,  and 
degree,  age  or  place. — And  for  that  purpose,  a 
great  quantity  of  gunpowder  was  traitorously 
and  secretly  placed  and  hid  by  these  Conspira- 
tors under  the  Parliament-House. 

Tin's  being  the  Substance  and  the  Effect  of 
the  Indictment,  Gainetdid  plead  Not  Guilty 
to  it ;  and  a  very  discreet  and  substantial  Jury, 
with  allowance  of  challenges  unto  the  prisoner, 
ware  sworn  at  the  bar  for  the  trial  of  him  *. 

To  whom  the  Serjeant  shewed  that  they 
should  have  FAidences  to  prove  him  Guilty, 
that  should  be  «  luci  clariores/  that  every  man 
might  read  them  running.  They  should  have 
'  testimonia  rerum,*  and  •  loquentia  signa,'  Wit- 
nesses and  Testimonies  of  the  things  them- 
selves. *  Reum  confi  ten  tern/  or  rather '  reoscon- 
•  fitentes,  accusantes  invicem.*  That  every  one 
may  say  unto  him,  *  serva  nequam,*  thou  wicked 
subject,  thou  wicked  servant,  '  ex  ore  tuo  te 
'  judico',  of  thine  own  month  I  jndge  thee,  of 
thine  own  mouth  I  condemn  thee.  And  this 
shall  be  made  so  manifest  by  him  that  best  can 
do  it,  as  shall  stop  the  mouth  of  all  contradic- 
tion. 

Attorney  General.  (Sir  Ed.  Coke.)  Yotir 
lordships  may  perceive  by  the  parts  of  the  In- 
dictment which  have  been  succinctly  opened, 
that  this  is  but  n  latter  act  of  that  heavy 
and  woful  tragedy,  which  is  commonly  called 
the  Powder-Treason ;  wherein  some  have  al- 
ready played  their  parts,  and  according  to 
their  demerits  surfered  condign  punishment 
and  pains  of  death.  We  are  now  to  pro- 
ceed against  this  prisoner  for  the  same  trea- 
son ;  in  which  reNpect  the  necessary  repe- 
tition of  some  tilings  before  spoken,  shall  at 
the  least  seem  tolerable  :  for  that  *  Nunqunm 
'  nimis  dicitur,  quod  nunquam  satis  dicitur ;'  It 
is  never  said  too  often,  that  can  never  be  said 
enough.  Nay,  it  may  be  thought  justifiable 
■  »*»■■'    ■«      ■■       ■     ■»■■  ■■  i—— — 

•  5e«  3  Co.  Inst  97, 


•Trial  qf  Henry  Garnet,  a  Conspirator    [220 

to  repeat  in  this  case ;  for  that  in  respect  of 
the  confluence  and  access  of  people  at  the 
former  arraignment,  many  could  not  hear  at 
thut  time:  and  yet,  because  I  fear  ic  would  be 
tedious  for  the  most  of  all  my  lords  commis- 
sioners, and  of  this  honourable  and  great  assem- 
bly, were  present  at  the  arraignment,  and  for 
that  I  am  now  to  deal  with  a  man  of  another 
quality,  I  will  only  touch,  and  that  very  little, 
of  the  former  discourse  or  evidence;  and  that 
little  also  shall  be  mingled  with  such  new  mat- 
ter, as  shall  be  worth  the  hearing,  as  being  in- 
deed of  weight  and  moment :  and  all  this  with 
very  great  brevity. 

But  before  I  further  proceed  to  the  opening 
of  this  so  great  a  cause,  I  hold  it  fit  and  neces- 
sary to  give  satisfaction  to  two  divers  and  ad- 
verse sorts  of  men,  who,  according  to  the  divers 
affections  of  their  hearts,  have  divined  and  con- 
jectured diversly  of  the  cause  of  the  procrasti- 
nation and  delay  of  proceeding,  especially 
against  this  person :  the  matter  wherewith  he 
stands  charged  being  so  transcendent  and  ex- 
orbitant as  it  is.  The  first  sort  of  these,  out 
of  their  hearty  love  and  loyalty  to  their  natural 
liege  lord  and  King,  and  to  their  dear  country  and 
this  state,  have  Feared  the  issue  of  this  delay, 
lest  that  others  might  be  animated  by  such 

f protraction   of  judgment,   to  perpetrate   the 
ike:  for  they  say,  and  it  is  most  true,  '  Quia 
'  i.jn  profertur  cito  contra  malos  sentcmiu,  abs- 

*  que  timore  ullo  filii  hominum  pcrpetrant  mala;' 
Because  speedy  justice  is  not  executed  against 
wicked  men,  tho  people  without  all  fear  com- 
mit wickedness.  And  pity  it  were  that  these 
good  men  should  not  be  satisfy'd.  The  other 
sort  are  of  those,  wfio  in  respect  no  greater  ex- 
pedition hath  been  used  against  this  prisoner  at 
the  bar,  fall  to  excusing  of  him,  as  gathering 
these  presumptions  and'conjectures  :  first,  that 
if  he,  or  any  of  the  Jesuits,  had  indeed  been 
justly  to  be  touched  with  this  most  damnable 
and  damned  treason,  surely  they  should  have 
been  brought  forth  and  try'd  before  this  time. 
Secondly,  That  there  was  a  bill  exhibited  in 
parliament  concerning  this  treason,  and  this 
traitor,  but  that  it  was  deferred  and  proceeded 
not,  for  want  of  just  and  sufficient  proofs. 
Nay,  Thirdly,  There  was  a  particular  apology 
spread  ubroad  for  this  man,  and  another  gene- 
ral for  all  Jesuits  and  priests,  together  with 
this  imputation,  That  king-killing  and  queen- 
killing  was  no;  indeed  a  doctrine  of  theiis,  but 
milv  a  fiction  and  policy  of  our  state,  thereby  to 
make  the  popish  religion  to  be  despised  and  in 
disgrace. 

Now  lor  these  men,  pity  it  were  that  the  eve 
of  their  understanding  should  not  be  enligli- 
tcned  and  cleared,  that  so  being  by  demonstra- 
tive and  luculcnt  proofs  convinced,  they  may 
be  to  their  prince  and  country  truly  converted. 
First  therefore  concerning  the  delay,  (though  it 
be  true, '  Quod  flugellatur  in  corde,  qui  lauda* 

•  tur  in  ore*)  yet  must  I  remember  the  great 
pains  of  my  lords  the  commissioners  of  his  ma* 
jetty's  privy  council  in  this  cause :  for  Garnet 
being  first  examined  upon  the  13th  of  the  lost 


221] 


STATE  TRIALS,  4  James  I.  1006.— m  the  Gmpamder  Plot. 


[222 


month,  hath   sithence   been  again  examined 
and  interrogated  above  twenty  several  times, 
which  lasted  to  the  26th  of  March,  within  two 
days  of  this  arraignment.     Touching  the  bill  in 
parliament,   it   was   indeed    exhibited   before 
Garnet  was  apprehended;  bat  his  majesty's 
gracious  pleasure  was,  that  albeit  this  treason 
lie  without  all  precedent  and  example,  jet  they 
should  quietly  and  equally  be  indicted,  arraign- 
ed, publickly  heard,  and  proceeded  withal  in  a 
moderate,  ordinary,  and  just  course  of  law. 
Concerning  their  apologies,  and  the  fictions  of 
rtaffe  (ns  they  term  them),  answer  shall   be 
■ode,  by  God's  grace,  in  the  proper  place, 
when  I  come  to  lay  open  the  plots  and  prac- 
tices of  the  Jesuits,  to  the  satisfaction  of  all 
this  honourable  and  great  assembly.    But  first 
I  have  an  humble  petition  to  present  to  your 
lordships,  and  the  rest  of  this  grave  auditory 
for  myself,  in  respect  thai  I  am  necessarily  to 
name  great  princes,  yet  with  protestation  and 
caution,  that  no  blot  is  intended  to  be  laid 
■pen  any  m£  them.    I  know  there  is  '  Lex  in 
4  sermoue  tenenda,'  A  law  and  rule  to  be  ob- 
Krved  in  speaking,  especially  in  this  kind  ;  and 
that  kings  and  great  princes  and  the  mighty 
neo  of  this  earth  are  to  be  reverently  and  re- 
spectfully dealt  withal :  mid  therefore  I  humbly 
recommend  unto  you  these  considerations,  con- 
cerning this  point  of  mentioning  foreign  states. 
1st,  Tnat  the  kingdoms  were  at  tlmse  times  in 
open  enmity ^and  hostility,  and  that  might  be 
honourable  at  one  time  which  was  not  so  at 
•aether ;  so  that  hostile  actions  were  then  jus- 
tifiable and  honourable,  as  being  in  times  of 
hostility  and  war.     2dly,  In  these  things  it  is 
not  the  king's  attorney  that  speaks,  but  Garuet 
the  Jesuit:  as  also  that  it  proceedeth  from  an 
inevitable  necessity ;  for  that  the  examinations 
ss  well  of  this,  as  of  the  rest  of  the  traitors, 
cannot  otherwise  be  opened  and  urged  against 
them :  so  is  tlie  mention  of  great  men,  by  the 
snpodency  of  tliese  wicked    tractors,  woven 
iaio  their  confessions,  as  tltey  cannot  be  se- 
TerecL — And  with  this  comfort  I  conclude  the 
rrerace,  That  I  hope  in  God  this  day's  work, 
■  the  judgment  ot  so  many  as  shall  be  atten- 
tive and  well  disposed,  shall  tend  to  the  glory 
•f  Almiglity  God,  the  -honour  of  our  religion, 
the  safety  of  bis  most  excellent  majesty  and 
kit  royal  issue,  and  the  security  of  the  whole 
commonwealth. 

For  Memory  and  method,  all  that  I  shall 
speak  may  be  contracted  to  two  general  heads. 
1.  I  will  consider  die  Offences,  together  with 
certain  circumstances,  precedent  before  the 
Ofteuce,  concurrent  with  the  Offence,  subse- 
(pKiit  after  the  Offence.  2.  I  will  lay  down 
some  Observations  concerning  the  same. — For 
the  proper  name  of  this  Offence,  because  I 
aunt  >peak  of  several  Treasons  for  distinction 
and  separation  of  this  from  the  other,  I  will 
name  it  the  Jesuits  Treason,  as  belonging  to 
them  both  '  ex  oangruo  et  condigno ;'  they  were 
the  proprietaries,  plotters  and  procurers  of  it : 
and  in  such  crime*  '  plus  peccat  author,  quam 
actor;'  *  the   auther,  or  procurer,  offendeth 


more  than  the  actor  or  executer:f  as  may  ap- 
year  by  God's  own  Judgment  given  against  the 
first  sin  in  Paradise,  where  the  serpent  had 
three  punisluneuts  indicted  upon  bun,  as  the 
original  plotter ;  the  woman  two,  being  as  the 
mediate  procurer ;  and  Adam  but  one,  as  the 
party  seduced. — Circumstances  precedent  and 
subsequent  so  termed  here,  are  indeed  in  their 
proper  natures  all  High-Treasons ;  bat  yet  in 
respect  of  the  magnitude,  nay  moustrousness 
of  this  treason,  may  comparatively,  without 
any  discountenance  to  them  in  this  case,  he 
used  as  circumstances.  And  because  I  am  to 
deal  with  the  superior  of  the  Jesuits,  1  will  only 
touch  such 'treasons,  as  have  been  plotted  and 
wrought  by  the  Jesuits,  of  whom  this  man  was 
superior ;  and  those  treasons  also  sithence  this 
Garnet  his  coming  into  England ;  whereof  he 
may  truly  say, '  Et  quorum  pars  magna  foi.' 

The  coming  of  this  Garnet  into  England 
(which  very  act  was  a  treason)  was  about  SO 
years  past,  viz.  in  July  1586,  in  the  26th  year 
of  the  reign  of  the  late  queen,  of  famous  and 
blessed  memory:  whereas  the  year  before, 
namely  the  27  th  year  of  Elizabeth,  there  was  a 
statute  made,  whereby  it  was  treason,  for  any, 
who  was  made  a  Itouiish  Priest  by  any  autho- 
rity from  the  See  of  Home,  sithence  the  first 
year  of  her  reign,  to  come  into  her  dominions  : 
which  statute  the  Romanists  calumniate  as  a 
bloody,  cruel,  unjust  and  a  new  upstart  law, 
and  abuse  that  place  of  our  Saviour,  *  O  Jeru- 
'  salem,  Jerusalem,  thou  that  killest  the  Pro- 
'  phets,  and  stonest  them  that  are  sent  unto 
'  thee,&c.'  Mat.  xxiiLSf.  to  that  purpose:  but 
indeed   it  is  both  mild,  .merciful  and  just,  and 

f  rounded  upon  the  antient  fundamental  laws  of 
England,  lor  (as  hath  already  in  the  former 
Arraignments  been  touched)  before  the  bull  of 
Ironius  Pius  Quintus,  in  the  11th  year  of  the 
queen,  wherein  her  majesty  was  excommuni- 
cated and  deposed,  and  all  they  accursed  who 
should  yield  any  obedience  unto  her,  &c.  there 
were  no  recusants  in  England,  all  came  to 
church  (howsoever  popisidy  inclined,  or  per- 
suaded in  most  poiuts)  to  the  same  divine  ser- 
vice we  now  use ;  but  thereupon  presently  they 
refused  to  assemble  in  our  churches,  or  join 
with  us  in  pubhek  service,  uot  for  conscience 
of  any  thing  there  done,  agninbt  which  they 
might  justly  except  out  of  the  Word  of  Goo, 
hut  because  the  pope  had  excommunicated  and 
deposed  her  majesty ,and  cursed  those  whoshookl 
ol>ey  tier  :  and  so  upon  this  Bull  ensued  open 
rebellion  in  the  north,  and  many  garhoils.  But 
see  the  event :  now  most  miserable,  in  respect 
of  this  Bull,  was  the  state  of  liomiah  recusants ; 
for  either  they  must  be  hanged  for  treason,  iu 
resisting  their  lawful  sovereign,  or  cursed  for 
yielding  due  obedience  unto  her  majesty.  And 
tlierefore  of  this  pope  it  was  said  by  some  of 
his  own  favourites,  that  he  was  *  Homo  piuset 
*  doctus,  sed  nimis  eredulus ;'  a  holy  and  a 
learned  man,  but  over  credulous  ;  for  that  he 
was  informed  and  believed  that  the  strength  «f 
the  Calholicksiu  England  was  such,  as  was  able 
to  have  resisted  the  <j teen.    But  when  the  Bull 


223]    STATE  TRIALS,  4  James  I.  1606 — Trial  qfllcnty  Garnet,  a  Conspirator    [224 


was  found  to  take  such  an  effect,  then  was 
there  a  dispensation  given,  both  by  Pius  Quin- 
tus  himself,  and  Gregory  the  13th,  That  all  Ca- 
tholicks  here  might  shew  their  outward  obedi- 
ence to  the  queen,  *  ad  redimenduui  vexatio- 

*  nem,  et  ad  ostendendam  externam  obedien- 

*  tiam.;'  but  with  these  Cautions  and  Limita- 
tions :  1.  *  ltehus  sic  stantibus,'  Things  so 
standing  as  they  did.  2.  Donee  publica  bulla; 
'  executio  fieri  posset ;'  that  is  to  say,  They 
might  grow  into  strength,  until  they  were  able 
to  give  the  queen  a  mute,  that  the  publick  ex- 
ecution of  the  said  Bull  might  take  place.  And 
all  this  was  Confessed  by  Garnet  uuder  his  own 
hand,  and  now  again  openly  confessed  at 
the  bar. 

In  the  20th  year  of  queen  Elizabeth,  came 
Campion*  the  Jesuit  and  many  others  of  his 
profession  with  him,  purposely  to  make  a 
Party  in  England  for  the  Catholick  cause,  to 
the  end  that  the  Bull  of  Pius  Quintus  might  be 
put  in  execution.  And  though  all  this  while 
recusancy,  being  grounded  upon  such  a  disloyal 
cause,  were  a  very  dangerous  and  disloyal 
thing ;  yet  was  there  no  law  made  in  that 
behalf  until  the  23rd  year  of  her  majesty's 
reign  ;  and  that  also  imposing  only  a  mulct  or 
penalty  upon  it,  until  conformity  were  offered 
and  shewed.  Anno  26  Eliz.  nunc  Parry  f  with 
a  resolution  from  Cardinal  de  Coino,  and 
others,  that  it  was  lawful  to  kill  her  majesty,  as 
being  excommunicated  and  deposed.  Where- 
upon her  majesty  entering  into  consultation 
how  (together  with  her  safety,  and  the  protec- 
tion of  her  subjects)  she  mL-ht  avoid  the  immi- 
nent dangers,  aud  yet  draw  no  blood  from 
these  Priests  and  Jesuits,  found  out  this  mode- 
rate and  mild  course  as  the  best  meant,  to  pro- 
hibit their  coming  at  all  into  her  land  ;  there 
never  being  any  king  who  would  endure,  or 
not  execute  any  such  persons,  within  their  do- 
minions, as  should  deny  him  to  be  lawful  king, 
or  go  about  to  withdraw  his  subjects  from  their 
allegiance,  or  incite  them  to  resist  or  rebel 
against  him.  Nay,  the  bringing  in  of  a  Bull  by 
a  subject  of  this  realm  against  another,  in  the 
time  of  Edward  1.  was  adjudged  Treason.  But 
by  the  way,  for  that  Garnet  had  exclaimed, 
saying,  Shew  us  where  was  your  church  liefore 
Luther,  design  the  place,  name  the  persons, 
and  so  foith ;  it  is  answered  by  a  comparison 
of  a  wedge  of  pure  gold,  wlucb  coming  into  the 
hands  ot  impostors,  is  by  their  sophistications 
and  mixtures,  for  gain  and  worldly  respects, 
increased  and  augmented  into  ft  huge  body  and 
mass,  and  retaining  still  an  outward  fair  sliew 
and  tincture  of  gold.  Where  is  now  the  pure 
gold,  saith  one,  shew  me  the  place  ?  1  answer, 
iu  that  mass  ;  but  for  the  extracting  thereof, 
and  purifying  it  froifl  .dross,  that  must  be 
done  by  the  art  of  the  workman,  and  the  trial 
of  the  touchstone.  So  the  true  religion  and 
service  of  Almighty  God,  being  for  human  res- 
pects and  worldly  pomp,  mixed  and  orerlnden 
with  a  number  of  superstitious  ceremonies  and 

1-1  -  ' '  -  .  -  ■  w— 

•  •  See  vol.  1.  p.  1049.        t  Ibid.  1095. 


inventions  of  man  ;  yet  ever  had  God  his  true 
church,  holding  his  truth,  which  hath  been  by 
skilful  workmen,  with  the  touchstone  of  the 
Word  of  God,  refined  and  separate  from  the 
dross  of  man's  inventions. 

But  to  proceed :  in  the  28th  year  of  queen 
Elizabeth,  being  the  year  1586,  in  June,  came 
Garnet    into  England,    breaking  through  the 
wall  of  treason  ;  being  in  truth,  talus  compn$itu$ 
ex  proditwnt :  and  this  was  at  that  time  when 
the  great  Armada  of  Spain,  which  the  pope 
blessed,  And  christened  by  the  uaine  of  *  Ttie 
Invincible  Navy,'  was  by  the  instigation  of  that 
high-priest  of  Home,  preparing  and  collecting 
together  of  many  parcel**,  out  of  divers  parts, 
where  they  could  be  bought,  or  hired,  or  bor- 
rowed ;  and  therefore  may  be  called  a  com- 
pounded navy,  having  in  it   158  great  ships. 
The  purveyors  and  fore-runners  of  this  navy 
and  invasion,  were  the  Jesuits ;  and  Garnet 
among  them  being  a  traitor,  even  in  his  very 
entrance  and  footing  in    the  land.     But  the 
queeu  with  her  own  ships,  and  Iter  own  sub- 
jects,   did   beat   this    Annada,    God    himself 
(whose  ,  cause  indeed  it  wo*)  fighting  for  us 
against  them,  by  fire,  and  seas,  and  winds,  and 
rocks  and  tempests,  scattering  all  and  destroy- 
ing most  of  tbem  :  for  '  offeuso  creatore,  orVeri- 
*  ditur  omnis   creatura,'   The  Creator    being 
offended,  every  creature  is  readily  armed  to- 
revenge  hi*  quarrel  :  In  which  respect  he  is 
called  the   Lord   of  Hosts.     So  that  of  158, 
scarce  40  of  their  ships  returned  to  the  bar  of 
their  own  haven  ;  and  as  it  is  reported,  most 
of  them  also  perished  :  insomuch,  that  in  this 
respect,  we  may  say  of  queen  Elizabeth,  as  the 
poet  writ  eth  of  the  Christian  emperor: 
'  O  nimium  dilecta  Deo,cui  militat  aether, 
*  Et  conjurati  veniunt  ad  classica  venti.' 
Observe  here,  that  about  the  time  of  this 
invasion,  there  being  in  Spain  met  in  consul- 
tation  about    that   business,   the  Cardinal  of 
Austria,  the  duke  of  Medina,  count  1'uentes, 
two  Irish  bishops,  with  sundry  military  men, 
and  amoogst  other  Winslade,  an  Englishman ; 
the  Irith  bishops  perceiving  that  they  expected 
a  party  of  Cathohcks  in  England,  resolved  that 
true  it  was,  that  it  was  not  possible  to  do  any 
good  here  in  England,  unless  there  were  a  party 
of  Cutholicks  made  before-hand.     But  sucb, 
said  they,  was  the  policy  of  England,  us  that 
could  never  be  elVected  :  for  if  any  suspicion  or 
fear  arose,  the   Catholicks  should  quickly  be 
either  shut  up,  or  quite  cut  off.     Oh,  saith  an 
old  soldier  there  present, '  Hoc  facit  pro  nobis,' 
Tina  makes  for  us  ;  for  by  that  means  their 
souls  shall  go  to  heaven  for  their  religion,  their 
'bodies  to    the  earth   fur  their  treasons,  and 
their  lands  and  goods  to  us  as  conquerors:  this 
was  indeed   that  they  principally  aimed   at.— 
Note  here,  that  sithence  die  Jesuits  set  foot  in 
tins  laud,  there  never  passed  four  years  with- 
out a  most  pestilent  and  penlii  ions  tieason, 
tending  to  the  subversion  of  the  whole  state. 

After  that  hostile  Invasion  in  88,  the  Jesuits 
fell  again  to  secret  and  treasonable  practices : 
for  in  the  year  9»,  came  Patrick  Cullen,  who 


235] 


STATE  TRIALS,  4  James  I.  160fl.—w  the  Gunpowder  Plot. 


[225 


was  incited  by  sir  William  Stanley,  Hugh 
Owen,  Jaques  Fraunces,  and  Holt  the  Jesuit, 
and  resolved  by  the  said  Holt  to  kill  the  queen; 
to  which  purpose  he  received  absolution,  and 
then  the  sacrament,  at  the  hands  of  the  said 
Jesuit,  together  with  this  ghostly  counsel,  that  it 
was  both  lawful  arid  meritorious  to  kill  her. 
Nay,  said  Jaques,  that  base  laundress's  son, 
(who  was  a  continued  practiscr  both  with  this 
CuUen  and  others,  to  destroy  her  majesty)  the 
Kate  of  Englaud  is  and  will  be  so  settled,  that 
unless  mistress  Elizabeth  be  suddenly  taken 
sway,  oil  the  devils  in  Hell  will  not  be  able  to 
prevail  against  it,  or  shake  it. 

Now  Cullen's  Treason  was  accompanied 
with  a  Book  called  '  Philopater/  written  for 
the  abetting  and  warranting  of  such  a  devilish 
act  in  general,  by  Cresswell  the  legier  Jesuit  in 
Spain,  under  the  name  of  Philopater. 

Anno  94,  came  Williams  and  Yorke  to  the 
same  end,  viz.  to  kill  the  queen ;  being  wrought 
lo  undertake  so  vile  and  detestable  a  fact  by 
lather  Holt  the  Jesuit,  and  other  his  complices  : 
sad  thereupon  the  said  Williams  and  Yorke  in 
the  Jesuits  college  received  the  Sacrament  toge- 
ther of  father  Holt,  and  other  Jesuits,  to  exe- 
cute the  same.  .  And  that  treason  likewise  was 
sccoropanyed  with  a  book  written  by  the  legier 
Jesuit  ana  rector  of  Rome,  Parsons,  under  the 
name  of  Doleman,  concerning  titles,  or  rather 
tittles ;  a  leud  and  a  lying  book,  full  of  fals- 
hood,  foreery,  and  malediction. 

Anno  97,  came  Squire  from  Spain,  to  poi- 
son her  majesty,  incited,  directed,  and  war- 
ranted by  Walpole  a  Jesuit,  then  residing  there ; 
at  whose  hands  likewise,  after  absolution,  he 
received  the  Sacrament,  as  well  to  put  the 
(•ractice  in  execution,  as  to  keep  it  secret.  All 
ibe?e  treasons  were  freely  and  voluntarily  con- 
fessed by  the  parties  themselves  under  their 
1      <mo  hands,  and  y*?t  remain  extant  to  be  seen. 

In  the  year  1601,  when  practices  failed,  then 
*at  foreign  force  again  attempted  ;  for  then, 
u  in  the  former  Arraignment  hath  been  de- 
dared,  was  Thomas  Winter  employed  to  the 
king  of  Spain,  together  with  Trsmond  theJe- 
tair,  by  this  Garnet,  who  wrote  his  letters  to 
Arthur,  alias  Joseph  Creswell,  the  only  man 
«aom  I  have  heard  of,  to  change  his  Christian 
same,  the  legier  Jesuit  in  Spain,  for  the  further- 
ance of  that  negotiation  ;  which  was,  us  hath 
been  said,  to  offer  the  services  of  the  English 
Catholics  to  the  king,  and  to  deal  further,  con- 
cerning an  invasion,  with  promise  from  the  Ca- 
tholics here  of  forces,  both  of  men  and  hoises, 
to  be  in  readiness  to  join  with  him.  This  ne- 
gotiation, by  the  means  of  Creswell,  to  whom 
Garnet  wrote,  took  such  effect,  that  the  two 
kingdoms  standing  then  in  hostility,  the  propo- 
sition of  the  English  Romish  Catholics  was  ac- 
cepted and  entertained-;  an  army  to  invade,  as 
hacii  been  specified  in  the  former  Arraignment, 
promised,  and  100,000  crowns  to  be  distributed 
amongst  Romanists  and  discontented  persons, 
•sling  of  a  party  in  England,  and  for  the  fur- 
therance of  the  s:tid  service,  granted.  In  the 
mean  time  the  king  earnestly  desired,  Thut  if 
vol.  j  i. 


the  queen  of  England  should  happen  to  die,  he  , 
might  receive  present  and  ceitajn  advertisement 
thereof. — Now  this  Treason  was  accompanied 
with  the  Pope's  own  writing :  for  now  doth  the 
holy  father  cause  to  be  sent  hither  to  Garnet 
two  Briefs  or  Bulls,  one  to  tho-clergy,  and  ano- 
ther to  the  laity  ;  wherein  observe  the  Title,  the 
Matter,  the  Time.  The  Tide  of  the  one  was, 
'  Dilectis  Filiis,  Principibus,  ct  Nobilibus  Ca- 
1  tholicis  Anglicanis,  Sa'lutein  et  Apostolicara, 
'  Benedictionem :'  that  is,  To  our  beloved  Sons 
the  Nobles  and  Gentlemen  of  England,  which  . 
are  Catholics,  Greeting  and  Apostolical  Bene- 
diction.   The  Title  of  the  other  was, «  Dilectis 

*  Filiis,  Archipresbvtero,  et  reliquo  Clero  An- 
■*  glicano,  &c.'  To  our  beloved  Sons,  the  Arch- 
priest,  and  the  rest  of  the  Catholic  Clergy. 
The  Matter  was,  that  after  the  death  of  her  ma- 
jesty, whether  by  course  of  nature,  or  other- 
wise, whosoever  should  lay  claim  or  title  to  the 
crown  of  England,  though  never  so  directly  and 
nearly  interested  therein,  by  descent  and  blood 
royal;  yet  unless  he  were  such  an  one  as  would 
not  only  tolerate  the  Catholic  (Romish)  reli- 
gion, but  by  all  bis  best  endeavours  and  force 
proi.iote  ib,  and  according  to  the  ancient  cus- 
tom would,  by  a  solemn  and  sacred  oath  reli- 
giously promise  and  undertake  to  perform  the 
same,  they  should  admit  or  receive  none  to  be 
king  of  England  :  his  words  are  these, (  Quan- 
'  tumcunque  propinquitate  sanguinis  niterentur, 

*  nisi   ejusmodi  essent  qui   fidein   Catholicam 

*  non  niodo  tolerarent,  sed  omni  ope  ac  studio 
'  promoverent,  et  more  majorutn  jurejurando 
1  se  id  pnestituros  suscipcrent,  &c.' 

As  for  king  James  (at  whom  the  pope  aimed) 
he  hath  indeed  both  propinquitatem  and  anti- 
(juitatan  re«alis  sanguinis,  propinquity  and  an- 
tiquity of  blood  royal,  for  bis  just  claim  and 
title  to  this  crown,  both  before  and  since  the 
conquest.  To  insist  upon  the  declaration  and 
deduction  of  this  point,  and  pass  along  through 
the  series  and  course  of  so  many  ages  and  cen* 
turies,  as  it  would  be  over  long  for  this  place, 
so  further  1  might  herein  seem  as  it  were  to 
»ild  gold :  Only  in  a  word,  his  majesty  ib  lineally 
descended  from  Margaret  the  saint,  daughter  of 
Edward,  son  of  king  Edmund,  grandchild  of 
great  Edgar,  the  Britain  monarch.  Which 
Margaret,  sole  heir  of  the  English-Saxon  king, 
was  married  to  Malcojmc  king  of  Scotland; 
who  by  her  had  issue  David  the  holy  their  king, 
from  whom  that  race  royal  at  this  day  is  deduced ; 
and  Maud  the  good,  wife  of  the  tirst  and  learn- 
ed Henry  king  of  England,  from  whom  his  ma- 
jesty directly  and  lineally  proceedctb,  and  of 
whom  a  poet  of  that  time  wrote : 

*  Nee  decor  e  flee  it  fragilcm,  non  sceptra  su- 
pcrham, 

i  Sola  porens*  htimilis,  sola  pudica  derens.' 
And  lastly,  his  majt<ty  roinelh  of  Margaret  aUo 
the  eldest  daughter  of  lltnry  7.  #who  was  de- 
scended of  that  famous  union  of  those  two  fair 
roses,  the  white  and  the  red,  York  and  Lancas- 
»  ter;p  the  effecting  of  which  union  cost  the  effu- 
sion of  much  F.uulUii  blood,  o\  or  and  besides 
fourscore  tr  thereabouts  of  the  bljod  royal. 


227]    STATlf  TRIALS,  4- James  I.  1600.— Trial  of  Henry  Garnet,  a  Conspirator    [22* 


But  a  more  famous  union  is  by  (he  goodness  of 
the  Almighty  perfected  in  his  majesty's  persou 
of  divers  lions,  two  famous,  ancient  and  re- 
nowned kingdoms,  not  only  without  blood,  or 
any  opposition,  but  with  such  un  universal  ac- 
clamation and  applause  of  all  sorts  and  decrees, 
as  it  were  with  one  voice,  as  never  was  seen  or 
read  of.  And  therefore  luost  excellent  king, 
for  to  him  I  will  now  speak  : 

'  Cum  triplici  fulvum  conjungcleoneleonem, 
'  Ut  varias  atavus  junxerat  ante  rosas  : 

'  Majui  opus  varios  sine  pugna  unire  I  tones, 
'  Sanguine  quum  varias  cunsociusse  rosas.' 

These  four  noble  and  magnaniirlous  lions,  so 
firmly  and  individually  united,  are  able,  with- 
out any  difficulty  or  great  labour,  to  subdue  and 
overthrow  all  the  Letters  and  Bulls,  and  their 
calves  also,  that  ha\  e  been,  or  can  be  sent  into 
England. 

Now  fur  the  time,  observe  that  these  Bulls  or 
Briefs  came  upon  the  aforesaid  negotiation  of 
Thomas  Winter  into  Spain,  at  what  time  an 
army  should  shortly  after  have  been  sent  to  in- 
vade the  land  :  And  this  was  to  be  put  in  exe- 
cution, '   quandocunquc  contingeret  miterum 

•  lllam  fu?minaui  ex  h.ic  \ita  excedcre;'  when- 
soever it  should  happen  that  that  miserable  wo- 
man, for  so  it  pleased  the  high  priest  of  Rome 
to  call  great  queen  Elizabeth,  should  depart 
this  life.  Was  queen  Elizabeth  miserable  r  It 
is  said  that  '  Miseria  constat  ex  duobus  con- 
'  trariis,  scilicet,  copia  et  inopia  ;  ex  copia  tri- 
'  bulationis,  et  inopia  consolationis.'  Was  she, 
I  say,  miserable,  whom  Almighty  CJod  so  often 
and  so  miraculously  protected,  both  '  from  the 

•  arrow  that  flieth  by  day,*  their  great  Armada, 
'  and  from  the  pestilence  that  walketh  in  the 
'  darkness,'  their  secret  and  treacherous  conspi- 
racies? that  did  beat  her  most  potent  enemies? 
that  set  up  a  king  in  his  kingdom?  that  defend- 
ed nations,  and  harboured  and  protected  dis- 
tressed people  ?  that  protected  her  subjects  in 
peace  and  plenty,  and  had  the  hearts  of  the 
most  and  the  best  of  her  subjects?  that  reigned 
religiously  and  gloriously,  and  died  C-hristinnly 
and  in  peace  ?  Oh  blessed  queen,  our  late  dear 
sovereign, '  semper  bonus  noincnque  tiuim  lau- 
4  desque  manebuut.'  But  queen  Elizabeth  of 
famous  memory,  (for  '  Memoria  ejus  semper 
'  erit  in  bencdictione')  as  a  bright  morning-star, 
in  fulness  of  time  lost  her  natural  light,  when 
the  great  and  glorious  sun  appeared  in  our  ho- 
rizon. And  now  sithence  the  coming  of  our 
great  king  James,  there  have  not  passed,  I  will 
not  say  four,  nay  not  two  moirhs,  without  some 
treason.  First,  in  March  1603,  upon  the  death 
of  her  majesty,  and  before  they  had  seen  his 
majesty's  face,  was  Christ.  Wright  employed 
into  Spain,  by  Garnet,  Cateshy,  and  Trishum, 
to  give  advertisement  of  the  queen's  death,  and 
to  continue  the  former  negotiation  of  Thomas 
Winter;  and  by  him  also  doth  this  Garnet  write 
to  Creswell  the  Jesuit,  in  commendation,  and 
for  assistance  and  furtherance  of  his  business. 
As  also  on  the  22nd  of  June  following,  was 
Guy  Fawkes  teot  out  of  Flanders,  by  Baldwin 


the  Jesuit,  by  sir  William  Staplcy  and  Hugh 
Owen  about  the  same  treason  ;  and  by  letters 
from  Baldwin  directed  and  commended  to  Cres- 
well the  legier  Jesuit  in  Spain,  for  the  procuring 
of  his  dispatch,  as  in  the  former  arraignment 
hath  been  declared. — In  the  same  June  doth 
.Garnet  the  Superior,  together  with  Gerrard  and 
other  Jesuits  and  Jesuited  Catholics,  labour  not 
only  in  providing  of  horses,  which  by  Thomas 
Winter  and  Christopher  Wright,  upon  their  se- 
veral negotiations,  they,  in  the  names  of  all  the 
Catholics  in  England,  had  promised  the  king  of 
Spain,  to  assist  and  do  him  service  withal,  at 
such  time  as  the  said  king  should  send  his  forces 
to  invade,  either  at  Mil  ford  Haven,  or  in  Kent, 
as  hath  before  been  shewed ;  but  also  did,  by 
force  of  the  said  two  Bulls  or  Britis,  dissuade 
the  Romish  Catholics  from  yielding  their  due 
obedience  to  his  majesty,  for  that  he  was  not  of 
the  Roman  religion :  contrary  to  the  practice 
of  the  true  church  and  churchmen,  that  under- 
go wars, '  ferendo,  non  feriendo/  with  patience 
not  with  strokes;  their  weapons  being  properly 
1  orationes  et  lachrymal,*  prayers  and  tears. 

On  the  same  June  9,  which  was  in  1603,  1 
Jac.  brake  out  likewise  the  Treason  of  the  Ro- 
mish priests,  Watson  and  Clarke,  as  also  that 
other  of  sir  Walter  Raleigh  and  others.  But 
the  Jesuits  seeing  that  the  peace  was  now  in 
great  forwardness,  and  having  advertisement, 
also,  that  the  king  of  Spain  did  now  distaste 
their  propositions,  so  that  there  was  no  further 
hope  left  for  force  ;  then  fell  they  again  to  se- 
cret practice.  As  for  the  bulls  or  briefs  before 
mentioned,  when  Catesby  had  informed  Garnet 
that  king  James  was  proclaimed,  and  the  state 
settled,  they  were  by  Garnet,  as  himself  hath 
ailirmed,  burnt.     But  to  proceed  : 

In  March  1603,  Garnet  and  Catesby  (a 
pestilent  traitor)  confer  together,  and  Catesby 
in  general  tellelh  him  (though  most  falsly),  That 
the  king  had  broken  promise  with  the  catho- 
licks,  and  therefore  assuredly  there  would  be 
stirs  in  England  before  it  were  long.  In  Sep- 
tember following,  meets  Catesby  and  Thomas 
Percy:  and  after  an  unjust,  hut  a  grievous 
complaint  made  by  Cateshy  of  the  king's  pro- 
ceedings, for  that  contrary  to  their  expecta- 
tions, his  majesty  both  did  hold,  and  was  like 
continually  to  run  the  same  course  which  the 
queen  before  had  held ;  Percy  presently  breaks 
forth  into  this  devilish  speech,  That  there  was  no 
way  but  to  kill  the  king,  which  he  the  said 
Percy  would  undertake  to  do.  But  Catesby,  as 
being  *  \ersuto  ingenio  et  profunda  perhdia,'  a 
cunning,  u  wily,  and  a  deep  traitor,  intending 
to  use  this  so  furious  and  fiery  a  spirit  to  a 
further  purpose,  doth  as  it  were  stroke  him  for 
his  great  forward ne^,  yet  with  sage  and  stayed 
counsel  tells  him  ;  No  loin,  thou  shalt  not  ad- 
venture thyself  to  so  small  purpose  :  If  thou 
wilt  be  a  traitor,  there  is  a  plot  to  greater  ad- 
vantage, and  such  a  one  as  can  never  be  dis- 
covered, viz.  the  Powder- treason. 

In  January,  in  the  1st  year  of  his  majesty,  Gar- 
net took  out  a  General  Pardon  under  the  Great 
Seal  of  England  of  all  treasons  (which  pardon 


229) 


STATE  TRIALS,  4  James  I.  1606.— in  the  Gunpowder  Plot. 


[230 


his  majesty  of  his  grace  granted  to  all  men  at  his 
first  entrance  into  his  kingdom)  under  the  name 
of  Henry  Garnet  of  London,  gent,  hut  therein 
be  never  used  any  of  his  *  alias  dictus,'  W alley, 
Farmer,  or  any  other  of  his  feigned  names. 
But  Catesby  fearing  lest  any  of  those  whom  he 
had   or  should   take  into  confederacy,   being 
touched  in  conscience  with  the  horror  of  so 
damnable  a  fact,  might  give  it  over,  and  en- 
danger  the  discovery   of   the  plot,  seeks   to 
Garnet,  (as  being  the  superior  of  the  Jesuits, 
and  therefore  of  high  estimation  and  authority 
amongst  all  those  of  the  Romish  religion)  to 
have  his  judgment  and  resolution  in  conscience, 
concerning  the   lawfulness   of  the   fact,   tint 
thereby  he  might  be  able  to  give  satisfaction  to 
any  who  should  in  that  behalf  make  doubt  or 
scruple  to  go  forward  in  that  treason.     And 
therefore  Catesby    coming  to    Garnet,    pro- 
pounded unto  him  the  case,  and  nskcth,  Whe- 
ther for  the  good  and  promotion  of  the  Catho- 
lick   cause  against  hereticks,  (the  necessity  of 
time  and  occasion  so  requiring)  it   be  lawful 
or  not  amongst  many  noccnts  to  destroy  and 
take  away  some  innocents  also.     To  this  ques- 
tion Garnet  advisedly  and  resolvedly  answered, 
That   if  the   advantage  were   greater  to  the 
Catholic  part,  by  taking  away  some  innocents 
together  with  many  nocents,  then  doubtless  it 
should  be  lawful  to  kill  and  destroy  them  a)!. 
And  to  this  purpose  he  n Hedged  a  comparison 
of  a  town   or  city  which  was  possessed  hy  an 
tneuiy,  if  at  the  time  of  taking  thereof  there 
happen  to  be  some  few  friends  within  the  place, 
they  must  undergo  the  fortune  of  the  wars  in  the 
general  and  common  destruction  of  the  enemy. 
And   this  resolution  of  Garnet,  the  superior  of 
the  Jesuits,  was  the   strongest,  and   the   only 
bond,   whereby   Catesby   afterwards  kept  and 
retained  all  the  traitors  in  that  so  abominable 
and  detestable   a   confederacy ;  for  in  .March 
following,  Catesby,  Thomas  W  inter,  ar.fi  others, 
resolve  upon  the  Powder-Plot  :  and  Fuv.kesas 
being  a  man  unknown,  and  withal  a  desperate 
person  and   a  soldier,  was  resolved  upon  as  lit 
for  the  executing  thereof,  to  winch  purpose  he 
was    in     April    following    by   Thomas    Winter 
fought  and  fetched  out  of  Flanders  into  Knglnnd. 

In  May,  in  the  ¥d  year  of  his  majesty,  Catcs- 
hj,  Percy,  John  Wright,  Thomas  Winter,  and 
Fankes  meet:  And  having,  upon  the  hoh 
evangelists,  taken  an  onth  of  secrecy  and  con- 
stancy to  this  effect : 

•  \ou   shall    swear   by  the   blessed  Trinitv, 

'and   by  the  sacrament   you  now   mtrnosc  to 

'  rcrcite.  never  to  disclose  directly  or  indirect  I  v, 

•  *  * 

•  kv    word    or   circumstance,   the   matter   that 

4  shall  be  proposed  to  you  to  keep  secrc\  nor 

'  desist   from   the  execution   thereof,  until  the 

'  rest  *f mil  give  you  leave  :' 

TJicy  all  were  confessed,  had  absolution,  and 
received  thereupon  the  sacrament,  by  the  hands 
of  Gerrard  the  Jesuit  then  present. 

In  June  following,  Catesby  and  Grecnwell 
the  Jesuit  confer  about  the  Powder-Treason. 
And  at  Midsummer,  Catesby  ha\ing  speech 
with  Garnet  of  the  Powder-Treason,  they  said, 


That  it  was  so  secret,  as  that  it  mu»t  prevail 
before  it  could  be  discovered.  Then  Garnet 
seemed  to  desire  that  the  Pope's  consent  might 
be  obtained  :  but  Catesby  answered,  That  he 
took  that  as  granted  by  the  pope  in  the  two 
Bulls  or  Brieis  before ;  for  that,  said  be,  if  it 
were  lawful  not  to  receive,  or  to  repel  him,  as 
the  said  Bulls  or  Briefs  did  import,  then  is  it 
lawful  also  to  expel  or  cast  him  out. 

Upon  the  7th  of  July,  160),  was  the  parlia- 
ment prorogued  until  the  7th  of  February. 
And  in  November  following,  Thomas  Bates, 
being  (as  hath  been  declared  more  at  large*  in 
the  former  arraignment)  fetched  in  by  Catesby, 
his  master,  to  participate  in  the  Powder-Trea* 
son,  for  better  assurance  of  his  secrecy,  and 
prosecution  thereof,  is  by  Green* ell  the  Jesuit 
confessed,  encouraged,  and  told,  That  being 
for  a  good  cause,  he  might  and  ought,  not  only 
conceal  it  as  committed  unto  him  in  secret  by 
his. master;  but  further  said,  That  it  was  no 
offence  at  all,  but  justifiable  and  good. — About 
this  time  was  Robert  Kcyes  taken  into  the  con- 
federacy, and  by  Catesby  resolved  of  the  law- 
fulness thereof  from  the  Jesuits. 

On  the  Uth  of  December,  they  entered  the 
mine :  and  in  March  following,  which  was  in 
1605,  w  as  Guv  Tawkcs  sent  over  to  sir  William 
Stanley,  with  letters  from  Garnet  to  Baldwin 
the  leiricr  Jesuit  there,  to  take  order,  That 
against  the  time  of  the  blow,  the  forces  might 
be  brought  near  to  the  sea-side,  to  the  end 
that  they  might  suddenly  be  transported  into 
England"  And  there  d.>*th  Pawkes,  hy  consent 
of  the  confederates,  give  Owen  the  oath  of 
secrecy  and  perseverance,  and  then  acquaints 
hiin  with  the  whole  treason:  Who  having  been 
a  most  malicious  and  iin  etc  rate  traitor,  greatly 
applauded  it,  and  nave  his  consent  and  counsel 
for  the  furtherance  thereof. 

\\\  May  1C05,  fell  out  certain  broils  in  Wales 
by  the/UoniMi  Catholicks;  at  what  time  also 
Hoo'hMood  was  by  Catesby  acquainted  with 
the  Powder-Treason,  ar.d  resolved  of  the  law- 
fulness of  the  fact  by  hiin  as  from  the  Jesuits. 

Now  doth  Gurnet  write  to  the  Pope,  That 
commandment  might  come  from  his  holiness, 
or  else  from  Aquaviva  the  gincralof  the  Je- 
suits, for  the  staying  of  all  commotions  of  the 
Catholicks  here,  in  Knjihmd,  intending  indeed 
to  set  their  v. hole  rest  of  the  Catholick  ItomUh 
cause  upon  the  Powdcr-lMo?,  and  in  the  mean 
time  to  lull  us  asleep  in  st  airily,  in  renpect 
of  thf  ir  dissembled  quictne«s  and  t»  nionnsty  ; 
as  also  lest  impediment  might  be  oiftrtd  to 
this  main  plot  hy  reason  of  any  suspicion  of  the 
stirritii  of  PapMs,  or  of  iuquii\  after  them 
upon  occasion  of  ae\  petty  commotions  or 
broils.  But  when  he  further  desired,  that  it 
might  be  h>  enjoined  upon  censures,  that  lat- 
ter request  was  not  granted,  lest  it  might  in- 
deed be  an  impedim*  ut  to  the  Powder-Plot. 

\\\  June  following  doth  Green  well  the  Jesuit 
consult  with  Garnet  lis  Mipcrior,  of  the  whole 
course  of  the  Powder-  Tieason  at  large;  wherein 
observe  the  politick  mid  Mihtlc  dea>ing  of  this 
Gurnet.     Fir*t,   he   would   not,   as   he   saith, 


231]    STATE  TRIALS,  4  James  I.  1606 Trial  qf  Henry  Garnet,  a  Conspirator'  [232 


confer  of  it  with  a  layman,  (other  than  Catesby 
whom  he  so  much  trusted)  why  so  ?  Because 
that  might  derogate  from  the  reverence  of  his 
place,  That  a  Jesuit  and  a  superior  of  them, 
should  openly  join  with  laymen  in  cause  of  so 
much  blood.  And  therefore,  secondly,  as  he 
would  consult  of  it  with  a  priest  and  a  Jesuit, 
one  of  his  own  order,  and  his  subject ;  so  for 
his  further  security,  he  would  consult  thereof 
with  ( /ret n well  the  Jesuit,  as.  in  a  disguised 
coufcsaioii.  And  being  informed  that  the  dis- 
course would  be  too  long  to  repeat  kneeling,  he 
answered  that  he  would  consult  with  him  of  it  in 
confession  walking;  und  *o  accordingly  in  ah 
ambulatory  confession,  he  At  large  discoursed 
with  him  of  iln»  whole  plot  of  the  Powder- 
Treason  ;  and  that  a  prottctor,  after  the  blow 
given,  should  be  cho>en  out  of  such  of  the  no- 
bility as  should  be  warned  and  reserved. 

In  this  month  likewise  was  there  a  great 
conference  and  consultation  betwixt  Garnet, 
Catesbv,  and  Francis  Treshani,  concerning  the 
strength  of  the  Catholicks  in  England,  to  the 
end  that  Garnet  might  by  letters  send  direct  . 
advertisement  thereof  to  the  Pope;  for  that  his 
holiness  would  not  be  brought  to  shew  his  in- 
clination concerning  any  commotion  or  rising 
of  the  Catholick  party,  until  such  time  as  he 
should  be  certainly  informed  that  they  had 
sufficient  and  able  force  to  prevail. 

And  in  August  following,  Garnet  in  a  con- 
ference had  ab  >ut  the  acquainting  of  the  Pope 
with  ihe  Powder-Tieason,  named  and  appoint- 
ed sir  Edmund  Bay  nam  for  to  carry  that  mes- 
sage to  the  pope ;  yet  not  to  him  as  pope,  but 
to  him  as  a  temporal  prince :  and  by  him  doth 
Garnet  write  letters  in  tint  beh-df;  as  also  for 
staving  of  commotions,  under  pain  of  censures, 
well  knowing  that  before  his  letters  could  be 
answered,  the  house  of  parliament,  according 
to  their  designs,  should  have  been  blown  up, 
and  the  whole  slate  overthrown.  But  this 
trick  he  used  like  a  thief,  that  going  to  steal 
and  take  partridges  with  a  setting-dog,  doth 
rate  his  dog  for. questing,  or  going  too  near, 
until  he  hath  laid  his  net  over  them,  for  fear 
the  game  should  be  sprung,  and  the  purpose 
defeated. 

In  this  month  al*o  doth  Garnet  write  to 
Baldwin  the  legier  Jesuit  in  the  Low-Countries, 
in  the  behalf  of  Catesby,  that  Owen  should 
move  the  marquis  for  a  regiment  of  horses  for 
him  the  said  Catesby  ;  not  with  any  intent,  as 
it  was  ugteed,  that  Caieshv  should  undertake 
any  such  ciiargr,  but  that  under  colour  of  it, 
horses  and  other  necessaries  mi^ht  be  provided 
without  Misp.rifin  to  furnish  the  triitors. 

In  September  followim*  doth  Parsons  the 
Jesuit  write  to  Garnet  to  know  the  particulars 
of  the  project  in  hand,  for  the  journey  to  St. 
Winifred's  well  in  this  month,  ft  was  but  a 
jargon,  to  have  better  opportunity,  by  colour 
thereof,  to  confer  and  retire  themselves  to 
those  parts. — la  October  doth  Garnet  meet  the 
other  traitors  at  Coughton  in  Warwick  si  lire, 
which  was  the  place  of  rendezvous,  whither 
tkey  resorted  out  of  all  countries. — Upon  the 


first  of  November,  Garnet  openly  prayeth  for 
the  good  success  of  the  great  action,  concern- 
ing the  Catholick  cause  in  the  beginning  of 
the  parliament :  and  prayer  is  more  than  con- 
sent ;  for  '  Nemo  orat,  sed  <pii  sperat  et  credit/ 
He  in  the  prayer  used  two  verses  of  a  hymn, 
'  Gentem  auferte  pe'rlidam  credentium  de  fini- 
(  bus  ut  Christo  laudes  debitas  persolvauius  ala- 
*  enter.' 

Now  was  the  Letter  with  the  lord  Montea- 
gle,  *  whose  memory  shall  be  blessed,  on  the 
4th  of  November  ;  hy  the  providence  of  the 
Almighty,  not  many  hours  before  the  Treason 
should  liave  been  executed,  was  it  fully  disco- 
vered. 

On  the  5th  of  November,  being  the  time 
when  the  Traitors  expected  that  their  devilish 
practice  should  have  taken  effect,  they  con- 
vented  at  Duuchurch,  under  colour  of  a  great 
hunting-match,  appointed  by  sir  Everard  Digby, 
as  being  a  man  of  quality  and  account  there- 
about; purposing  by  this  means  to  furnish 
themselves  with  company  for  their  intended 
insurrection  and  rebellion  :  for  that  men  being 
gathered  together,  and  a  tumult  suddenly 
raised,  the  traitors  thought  that  every  or  most 
of  them  would  follow  the  present  fortune,  and 
be  easily  persuaded  to  take  part  with  them  ; 
and  that  they  might  easily  surprize,  the  person 
of  the  lady  Elizabeth,  then  being  in  those 
part«,  in  the  lord  Harrington's  house. 

Upon  the  0th  of  November,  early  in  the 
morning,  Catesby  and  the  said  confederates  dis- 
patched Tho.  Bates  with  a  Letter  to  Garnet 
the  superior  of  the  Jesuits,  who  was  (as  they 
well  knew)  then  ready  at  Coulton,  near  unto 
them,  earnestly  entreating  his  help  and  assist- 
ance for  the  raising  of.  Wales,  and  putting  so 
many  as  he  could  into  open  rebellion.  At  what 
time  Garnet  and  Greenwell  (who  then  of  pur- 
pose was  there  with  Garnet)  then  certainly 
perceiving  that  the  plot  was  indeed  discovered, 
and  knowing  themselves  to  be  the  chicfest  au- 
thors* thereof,  prophesied  the  overthrow  of  the 
whole  order  of  the  Jesuits ;  saying,  that  they 
feared  that  the  discovery  and  miscarrying  of 
this  practise,  would  utterly  undo  and  overthrow 
the  whole  society  of  the  Jesuits.  But  Green- 
well  the  Jesuit  being  carried  with  a  more  vio- 
lent and  fiery  spirit,  posteth  up  and  down  to 
incite  such  as  he  could  to  rise  up  in  open  re- 
bellion :  and  meeting  in  master  Abington's 
hou^e  with  Hall,  another  Jesuit,  adviseth  him 
the  said  Hall  likewise  to  lose  no  time,  but  forth- 
with to  seek  to  raise  and  stir  up  so  many  as  he 
could  ;  but  Hall  seeming  to  deliberate  thereof, 
whether  seeing  no  end  of  so  rash  an  attempt, 
or  feariug  by  that  means  to  be  himself  appre- 
hended, Tesinoud  told  him  that  he  was  a  fleg- 
matick  fellow  :  and  said,  a  man  may  herein  see 
the  difference  betwixt  a  fiegntatiek  man  (such 
as  he  meant  Hall  was)  and  a  cholerick,  as  he 
said  himself  was :  and  further  added,  that  he 
was  resolved  to  do  his  best  endeavours  for  the 
raising  of  a  rebellion,  under  this  false  pretext 
■  ■  ■  ■■■■■■■  ■ 

♦  See  p.  19r, 


233] 


STATE  TRIALS,  4  James  I.  160G — in  tlie  Gunpowder  Plot. 


[234 


and  colour,  that  it  was  concluded  that  the 
throats  of  all  the  catholics  In  England  should 
be  cut;  so  persuading  himself  to  incite  them  to 
take  arms  for  to  stand  upon  their  guard  and 
defence:  and  with  this  devise  he  posted  away 
into  ,the  county  of  Lancaster.  Afterwards 
Hall  the  Jesuit,  otherwise  called  Oldcorn,  being 
urged  by  Humphrey  Littleton  with  the  evil 
success  of  their  intended  Treason,  that  surely 
God  was  displeased  and  offended  with  such 
Moody  and  barbarous  courses,  instead  of  an 
bumble  acknowledgment  of  the  justice  of  God, 
sad  a  sense  of  the  wickedness  of  the  Treason, 
fell  rather  Satanically  to  argue  for  the  justifica- 
tion of  the  same :  and  said,  Ye  must  not  judge 
the  caose  by  the  event ;  for  the  eleven  tribes  of 
Israel  were  by  God  himself  commanded  to  go 
and  fight  against  Benjamin,  yet  were  they 
twice  overthrown  :  so  Lewis  of  France  fighting 
against  ibe  Turk,  his  army  was  scattered,  and 
himself  died  of  the  plague :  and  lastly,  the 
Christians  defending  of  Rhodes,  were  by  the 
Turks  overcome.  And  these  he  applied  to  the 
Powder-Treason,  and  persuaded  Littleton  not 
to  judge  it  ungodly  or  unlawful  by  the  event. 

Observe  here  a  double  consequent  of  this 
Powder-Treason.  First,  open  rebellion,  as 
bath  been  shewed  both  immediately  before, 
and  more  at  large  in  the  former  arraignment  ? 
tad  since  that,  blasphemy  in  Garnet  the  supe- 
rior of  the  Jesuits ;  for,  he  having  liberty  in  the 
Tower  to  write,  and  sending  a  letter  (which 
letter  was  openly  shewed  in  the  court  before 
aim)  to  an  acquaintance  of  his  in  the  Gate- 
House,  there  was  nothing  therein  to  be  seen 
bat  ordinary  matter,  and  for  certain  necessa- 
ries :  but  in  the  margin,  which  he  made  very 
great  and  spacious,  and  underneath,  where 
there  remained  clean  paper,  he  wrote  cunningly 
with  the  juice  of  an  orange,  or  of  a  lemon,  to 
publish  his  innocency,  and  concerning  his 
usage;  and  there  denieth  those  things  which 
before  he  had  freely  and  voluntarily  confessed  : 
sad  said,  that  for  the  Spanish  Treason,  he  was 
freed  by  his  majesty's  pardon ;  and  as  for  the 
Powder  Treason,  he  hoped  for  want  of  proof 
against  him,  to  avoid  that  well  enough :  but 
coocludeth  blasphemously,  applying  the  words 
which  were  spoken  of  our  blessed  Saviour,  to 
himself  in  this  damnable  Treason*  and  saith, 
'  Xecesse  est  ut  homo  moriatur  pro  populo  :' 
'It  is  necessary  that  one  man  die  for  the 
'people:'  which  words  Caiaphas  spake  of 
Christ.  Wherein  note  his  prevarication  and 
equivocation;  for  before  the  Lords  Commis- 
sioners he  truly  and  freely  confessed  his  Trea- 
sons, being  (as  himself  under  his  own  hand 
confesseth)  overwhelmed  '  tanta  nubetestimn;' 
and  yet '  ad  faciendum  populum,'  in  his  Letters 
which  he  wrote  abroad,  he  cleareth  himself  of 
the  Powder-Treason.  And  thus  much  con- 
cerning the  two  circumstances  subsequent, 
which  were  rebellion  and  blasphemy. 

The  Circumstances  concurring,  are  concern- 
ing the  persons  both  offending  and  offended. 
For  the  principal  peraon  offending,  here  at  the 
bar,  be  is,  as  yon  nave  heard,  a  man  of  many 


names,  Garnet,  Wally,  Darcy,  Roberts,  Far- 
mer, Philips  :  and  surely  I  have  not  commonly 
known  and  observed  a  true  man,  that  hath 
had  so  many  false  appellations :  he  is  by 
country  an  Englishman,  by  birth  a  gentleman, 
by  education  a  scholar,  afterwords  a  corrector 
of  the  common  law  print,  with  Mr.  Tottle  the 
printer;  and  now  is  to  be  corrected  by  the 
law.  He  hath  many  gifts  and  endowments  of 
nature,  by  art  learned,  a  good  linguist,  and  by 

f>rofession  a  Jesuit,  and  a  superior,  as  indeed 
le  is  superior  to  all  his  predecessors  in  devilish 
Treason  ;  a  doctor  of  Jesuits,  that  is,  a  doc- 
tor of  five  DD's,  as  dissimulation,  deposing  of 
princes,  disposing  of  kingdoms,  daunting  and 
deterring  of  subjects,  and  destruction. 

Their  dissimulation  appeareth  out  of  their 
doctrine  of  equivocation  :  concerning  which  it 
was  thought  fit  to  touch  something  of  that 
which  was  more  copiously  delivered  in  the 
former  arraignment,  in  respect  of  the  presence 
of  Garnet  there,  who  was  the  superior  of  the 
Jesuits  in  England,  concerning  the  treatise  of 
equivocation  seen  and  allowed  by  Garnet,  and 
by  Blackwell  the  archpriest ;  wherein,  under 
the  pretext  of  the  lawfulness  of  a  mixt  pro- 
position to  express  one  part  of  a  man's  mind, 
and  retain  another,  people  are  indeed  taught 
not  only  simple- lying,  but  fearful  and  damna- 
ble blasphemy.  And  whereas  the  Jesuits  ask, 
why  we  convict  and  condemn  them  not  for 
heresy  ;  it  is  for  that  they  will  equivocate,  and 
so  cannot  that  way  be  tried  or  judged  accord- 
ing to  their  words. 

Now  for  the  antiquity  of  equivocation,  it  is 
indeed  very  old,  within  little  more  than  three 
hundred  years  after  Christ,  used  by  Arius  the 
here  tick,  who  having  in  a  general  council  been 
condemned,  and  then  by  the  commandment  of 
Constantine  the  emperor  sent  into  exile,  was 
by  the  said  emperor,  upon  instant  intercession 
for  him,  and  promise  of  his  future  conformity 
to  the  Nicenc  faith,  recalled  again  :  who  re- 
turning lioine,  and  having  before  craftily  set 
down  in  writing  his  heretical  belief,  and  put  it 
into  his  bosom,  when  he  came  into  the  presence 
of  the  emperor,  and  had  the  Nicene  faith  pro- 
pounded unto  hiin,  and  was  thereupon  asked, 
whether  he  then  did  indeed,  and  so  constantly 
would  hold  that  faith,  he  (clapping  his  hand 
upon  his  bosom  where  his  paper  lay)  answered 
and  vowed  that  he  did,  and  so  would  constant- 
ly profess  and  hold  that  faith  (laying  his  hand 
on  his  bosom  where  the  paper  of  his  heresy 
lay)  meaning  fraudulently  (by  way  of  equivo- 
cation) that  faith  of  his  owu,  which  he  ha<l 
written  and  carried  in  his  bosom. 

For  these  Jesuits,  they  indeed  make  no  vow 
of  speaking  truth,  and  yet  even  this  equivocat- 
ing and  lying  is  a  kind  of  unchastity,  against 
which  they  vow  and  promise :  For  as  it  hath 
been  said  of  old,  '  Cor  linguae  foederat  natuna 
'  sanctio,  veluti  in  quodam  certo  connubio : 
*  ergo  cum  dissonent  cor  et  loquutio,  senno 
'  concipitur  in  udulterio/  That  is,  The  law 
and  sanction  of  nature,  hath,  as  it  were,  mar- 
ried tho  heart  and  tongue,  by  joining  and  kn}tt*» 


23j]   STATE  TRIALS,  4  James  I.  1600*.— Trial  of  Henry  Garnet,  a  Conspirator  [230 


ing  of  them  together  in  a  certain  kind  of  mar- 
riage ;  and  therefore  when  there  is  discord  be- 
tween them  two,  the  speech  that  proceeds 
from  them,  is  said  to  be  conceived  in  adultery, 
and  he  that  breeds  such  bastard-children  of- 
fends against  chastity. 

But  note  the  heavy  and  woeful  fruit  of  this 
doctrine  of  equivocation  :  Francis  Tie^ham  be- 
ing near  hi*  natural  death  in  the  Tower,  had  of 
charity  his  wife  permitted,  for  his  comfort,  to  '' 
come  unto  him  :  Who  understanding  that  her 
.husband  had  before  directly  and  truly  accused 
Garnet  of  the  Spanish  treason,  lest  belike  her 
husband  should  depart  this  life  with  a  coiisri-  ' 
cuce  that  he  had  revealed  any  thing  concerning  ! 
the  superior  of  the  Jesuits,  a  very  little  befoie  ! 
he  died,  drew  him  to  this  ;  that  his  own  hand 
being  so  feeble  as  that  he  could  not  write  him- 
self,' yet  he  caused  his  servant  then  attending 
on  him,  to  write  that  which  he  did  dictate,  and 
therein  protested  upon  his  salvation,  That  he 
had  not  seen  the  said  Garnet  of  16  years  he- 
fore,  and  thereupon  prayed  that  his  former  con- 
fession to  the  contrary  might  in  no  wise  take 
place;  and  that  this  paper  of  his  retractation 
which  he  had  weakly  and  dyingly  subscribed, 
might,  after  his  death,  be  delivered  to  the  carl 
of  Salisbury  :  Whereas  master  Garnet  himself 
hath  clearly  confessed  the  Spanish  treason,  and 
now  acknowledged  the  same  at  the  bar ;  and 
he  and  Mrs.  Fawkes,  and  others,  directly  con- 
fess and  say,  That  Garnet  and  Troluin  had, 
within  two  years  space,  been  very  often  t-;iie- 
ther,  and  also  many  times  before :  Hut,  '  quSis 
'  vita,  finis  ita.'  And  ('timet  himself,  being  at 
the  bar  afterwards  urged  to  miv  what  he  thought 
of  such  the  departure  of  Francis  Tresham  out 
of  this  life,  answered  only  this  ;  I  think  he 
meant  to  equivocate. 

Thus  were  they  stained  with  their  own  works, 
and  went  a  whoring  with  their  own  inventions, 
as  it  is  in  the  psalm.  So  that  thi-,  is  indeed 
*  Gens  perfidn/  according  to  the  hymn,  A 
perfidious  people;  and  tucrcfoic,  'Jurat? 
'  credc  minus,  non  jurat?  credere  noli.  Jurat, 
'  non  jurat  ho.-tis,  ah  h:»te  ciw:.' 

For  l heir  doctrine  of  deposing  of  prince*,  Si- 
manca  and  Philoputcr  are  plain,  as  tiatli  in  the 
former  arraignment  been  more  amply  declared, 
and  was  now  again  at  largo  to  Garnet's  face 
repeated:  If  a  prince  bean  heretick,  then  is 
he  excommunicated,  cursed,  and  deposed  ;  his 
children  deprived  of  all  thejr  right  of  succes- 
sion, himself  not  to  be  restored  to  his  temporal 
estate  upon  repentance.  And  by  an  heretick, 
they  profess,  that  ho  i;  intended  and  meant, 
namely,  whosoever  dolh  not  hold  the  religion 
of  the  church  of  Rome.  Nov,  there  is  an 
easier  and  more  expedite  way  than  all  these  to 
fetch  olf  the  crown  from  oil*  the  head  of  any 
king  christened  whatsoever;  which  is  this 
.Thai  '  Princept  indulgcndo  luereticis,  amittit 
mmmmm.  *   it  nny  prince  shall  but  tolerate  or 

eth  his  kingdom.    Nay, 
of  this  usurped 
-f  Rome,  oUcdged, 
ft^  decretals;  in 


the  very  next  title  before  that,  there  is  ano- 
ther decree  that  pusseth  all  w  e  have  recited  ; 
wherein  it  i*  shewed,  that  Zacharv  the  pope 
deposed  Childerick  of  France,  for  nothing  else 
l!ier"  specified, '  sed  quia  inutilis,*  but  only  for 
thai  he  was  reputed  unprofitable  to  govern. 

Now  pr  onccrning  their  daunting  aud  de- 
terring of  subject?,  w  l.ich  is  a  part  of  the  Je- 
suits profession  ;  it  weie  good  that  they  would 
know  and  Mile  nber,  how  that  the  most  noble 
and  famous  kin  sis  of  1 -upland  never  were  afraid 
of  pope**  bulls,  no  nor  in  the  very  midnight  of 
popery,  as  Kdwi.rd  the  Con  lessor,  Henry  1, 
Edward  1,  Uichard  -2,  Henry  -1,  Henry  5.  cVc. 
And  in  the  tinu-  <.l'  Henry  7,  and  in  all  theif 
times,  the  pope's  legate  never  passed  Calais, 
hut  staid  thee,  aud  came  not  to  England,  un- 
til he  had  taken  a  solemn  oath  to  do  nothing  to 
the  detriment  of  the  crown  or  state. 

For  the  Persons  offended,  they  were  these : 
1.  The  King,  of  win  mi  1  have  spoken  often, 
but  never  enough  :  A  king  of  hi-ih  and  most 
noble  ancient  descent,  as  hath  been  briefly  de- 
clared ;  and  in  himself  full  of  all  imperial  vir- 
tues, religion,  justice,  clemency,  learning,  wis- 
dom, memory,  affability,  and  the  rest.  2.  The 
Queen  ;  and  she,  in  rtspi  ct  or  her  happy  fruit- 
fulness,  is  a  great  blessing,  insomuch  that  of 
herf  in  that  respect,  may  be  said,  she  is  *  Ortu, 

*  magna,  viro  major,  sed  maxima  prole  ;*  great 
in  birth,  greater  in  her  marriage,  but  to  all 
poMcrity  greatest,  in  the  blessed  fruit  of  her 
womb,  as  having  brought  forth  the  greatest 
prince  that  ever  England  had.  3.  The  noble 
Prince,  of  whom  we  may  say,  with  the  poet, 
'  Qua?  te  tain  lwta  tulcrc  secula  ?    Qui  tanti  ta- 

*  h:m  genucre  parentes  ?'  Never  prince,  true 
lit-hxippurent  to  the  imperial  crown,  had  such 
a  father,  nor  ever  king  hail  such  a  sou.  4. 
Then  the  whole  royal  issue,  the  council,  the  no- 
bility, the  clergy,  nay  our  religion  itself,  and  es- 
pecially this  city  of  London,  that  i«>  famous  for 
her  richer,  more  famous  for  her  people,  having 
above  500,000  soul*  within  her  and  her  liber* 
ties,  most  famous  for  her  fidelity,  and  more 
than  most  famous  of  all  the  cities  in  the  world 
for  her  true  religiuii  aud  ten  ice  of  (rod  :  Hold 
up  thy  head,  noble  city,  aud  advance  thvself, 
for  that  never  was  thv  brow  blotted  with  the 
least  taint  or  touch,  or  suspicion  of  disloyalty  : 
Thou  mavost  truly  say  with  the  j*rophet  David, 
'  I  will  take  no  wicked  thing  in  hand,  I  ha^e 

*  the  sin  of  unfaithfulm  v,  there  shall  no  such 
'  cleave  unto  me.'  Therefore  lor  thy  fidelity 
thou  art  honoured  with  the  title  of  'The  King's 
Chamber/  as  mi  inward  place  of  hi*  greatest 
safety  :  And  for  thv  comfort  and  jov  tuis  dav. 
hath  Britain's  great  kin.;  honoured  thee  with 
the  proceeding  up»»n  thi-  great  and  honourable 
commission:  nib  r  the  heaw  aud  doleful  ru- 
rnnurs  this  other  da;-,  when  it  wa>  ccitainly 
known  that  king  James  wn3  in  safety,  well  did 
the  fidelity  of  this  city  appear,  (whereof  I  was 
an  eye-witness)  •  Una  voce  cone  lainaverunt 
'  omnes,  snlva  Jjondinum,  sulva  patria,  salva 
1  rcligjo,  Jacobus    rex  noster  salvus ;*    *  Our 

*  city,  our  country,  our  religion  is  safe,  for  our 
'  king  James  is  in  safety  J 


337]               STATE  TRIALS,  4  James  I.  1606.— in  tlie  Gunpowder  Plot.              [23$ 

The  Observations  arc  many,  and  only  in  a  2.  The  second  thing  is,  How  this  Treason 
word  to  be  touched  :  1.  That  in  the  Spanish  being  long  sitbence  plotted,  the  Providence 
treason  before-mentioned,  and  this  *  Powder-  of  God  did  continually  from  time  to  time  divert 
treason,  there  was  the  same  Order,  Cause  and  aud  put  off  the  executing  thereof,  by  unex- 
Eod.  The  Order  was,  first,  to  deal  by  secret  pected  putting  oiV  the  times  of  assembly  in 
practice  and  treusou,  and  then  by  force  and  in-  pailiaraen*.  For  the  parliament  began  the  19th 
Tasion.  The  Cause  which  they  pretend,  was  of  March,  in  the  first  year  of  his  majesty's 
the  Romish  Catholick  Religion.  The  End  was  feign,  and  continued  till  the  7th  of  July  iollow- 
the  final  destruction  of  the  royal  succession,  ing,  before  which  time  the  conspirators  could 
yea,  even  <  occidere  rognnm,'  to  overthrow  and  not  be  ready,  from  thence  it  was  prorogued 
dissolve  the  whole  kingdom.  2.  Note,  that  e\  en  until  the  7th  of  Feb.  against  which  time  they 
the  enemy  hath  acknowledged,  that  our  state  is  could  not  make  the  mine  ready,  in  respect  that 
»  settled  and  established,  as  neither  strength  they  could  not  dig  there,  for  that  the  commis~ 
nor  stratagem  "can  prevail,  unless  there  be  a  sioners  of  the  union  sat  near  the, place,  and  the 
party  made  in  England.  3.  We  shall  never  wall  was  thick,  and  therefore  they  could  not  be 
lave  Bull  more  to  come  from  Rome  to  Eng-  provided  before  the  7th  of  Feb. ;  and  on  the 
and,  because  they  shall  never  have  a  party  7th  of  Feb.  the  parliament  was  prorogued  until 
itroiig  enough  to  encounter  with  so  many  lions,  the  5th  of  October.  After  this,  they  found 
4.  All  their  canons,  decrees,  and  new-found  another  course,  and  altered  the  place  from  the 
doctrines  tend  to  one  of  these  two  ends;  either  mine  to  the  cellar.  O  blessed  change  of  so 
worldly  pride,  or  wicked  policy ;  for  the  am-  wicked  a  work  !  Oh !  but  these  fatal  engineer* 
plitude  and  enlargement  of  the  pope's  autho-  are  not  yet  discovered,  and  yet  all  things  are 
rity,  and  for  the  safety  of  the  Jesuits,  priests,  prepared.  Oh  prorogue  it  once  more  f  And 
Ace.  5.  Obsen  e  that  Baynam,  a  layman,  ami  accordingly,  God  put  it  into  his  majesty's  heart 
one  of  the  damned  crew,  and  so  naming  him-  (having  then  not  the  least  suspicion  of  any 
self,  was  sent  to  inform  the  pope  as  a  temporal  such  matter)  to  prorogue  the  parliament ;  and 
prince.  6.  I  conceive  their  fall  to  be  near  at  further,  to  open  and  enlighten  liis  understand  - 
hand,  both  by  divinity  and  by  philosophy.  For  iug,  out  of  a  mystical  and  dark  letter,  like  an 
the  first,  there  are  now  in  England  about  400  angel  of  God,  to  point  to  the  cellar,  and  coin- 
priests :  so  many  were  there  in  Israel  in  the  mand  that  to  be  searched  ;  so  that  it  was  dis- 
days  of  Ahab;  <  Who/  snith  God,  *  shall  go  covered  thus  miraculously,  but  even  a  few 
and  deceive  Ahab,  that  he  may  fall  V  A  lying  hours  before  the  design  should  hare  been 
spirit  in  the  mouths  of  his  400  prophets  under-  executed. 

took  and  effected  it ;  their  fall  was  near,  when  The  Conclusion  thereof  shall  be  this ;  *  Qui 

once  a  lying  spirit  had  possessed  the   priests,  'cum  Jesu  ids,  non  itis  cum  Jesuiiis:'   For, 

according  to  the  vision  of  Micheas,  as  it  now  '  They  encourage  themselves  in  mischief,  and 

hath  possessed  the  Jesuits  :  2dly,  the  imitation  'commune    among   themselves  secretly,  how 

of  good  for  the  most  part  comes  short  of  the  '  they  may  lay  snares,  and  say,  that  no  man 

pattern  ;  but  the  imitation  of  evil  ever  exceeds  (  shall  sec  them.  But  God  shall  suddenly  shoot 

toe  example.     Now  no  imitation  can  exceed  '  at  them  with  a  swift  arrow,  that  they  shall  bo 

this  fact,  and  therefore  their  time  is  at  an  end.  '  wounded:  insomuch  that  whoso  sccth  it  shall 

7.  Many   condemn    it   now,  that  would  hate  '  ssjy,  this  hath  God  done;  for  ihey  shall  per- 

commended  it,  if  it  had  taken  effect ;  for  this,  '  ceivethat  itis  his  work/ 

mj  thev,  is  *  E  numero  eorum  quae  non  laudan-  Tl                   *       „    ,  _,              c  c                  - 

*'•■''      _•    >     o    in           i'  i    •      II         ,  j  hen  were  repeated  the  proofs  for  every  of 

tor  nisi  peracta.      8.  They  and  their  adherents  .,         ^    •     ,       r          ..        *             .  .     .     J . 

a  *L       i  c  i                J            *i    l  *i      i  •  the  particular   accusations    aforesaid,   by  the 

spread  abroad  false  rumours ;  as  that  the  kim;  r          ,       ,     .               r                ..'r/ 

T    ,  , ,         .     ,                      *.  .    .  express  and  voluntary  confessions  of  Garnet, 

Mould  nave  broken  promise  with  them  concern-  \    cl                i-         *i          i              i      r. 

■     .  •       „'            i-  i      •  .          r/«    i«  and  of  his  comnlices  themselves,  and    of  two 

Ac  toleration :  m hich mixture  of  God  s  service,  ,-,  ,                                   .  ..     .'          ,           . 

"T*        „.         ,             i  i       ir       l              iii  credible  witnesses  sworn  at  the  bar- and  openly 

ruber   than   he  would  sillier,  he    wou'd   lose.  ,        ,   _ .          _  ^    ,      ,         .    .      J  ,         *       J 

.  ..                      ...         ,    ,.  y  x-       .•  heard  viva  voce,  and  acknowledge!   by  Garnet 

children,  crown,  lite,  and  all.     Nay,  they  may  ,■        ,r#     ,         '       ■  ,                  f-        J 

.      '  .               ,i         ,  -    r      • . '      ,  *        J  himself  to  be  men  without  exception, 

tee  there  i*  no  such  liope  lefr,  for  tir.it  his  ma-  * 

jetty  bringcth  uji    his  royal  i-sne  iu   the   true  Then   Mr.   Garnet    having    licence  of   the 

fthgion  and  service  of  the  Almighty.  court    to   answer  what  he  could    for   himself, 

Lastly;  Observe  the  wonderful  Providence  spake,  and  divided  all  which  had  been  objected, 

of  God  in  the'a(hnirable   Discovery  of  this  S*i-  to  his  remembrance,  into  four  parts,  vi/.  Con* 

perior  Jesuit  to  be  party  to  thi*  Treason ;  aud  toining  matter  of,  1st,  Doctrine.    2dly,  Kocu- 

that  in  two   respects:    1.   In  rc>pe't    of  tin;  suits  3dly,  Jesuits*  in  general.  4thly,  Himself 

Beans  of  secrecy,   used  by  him  in  conference  in  pellicular. 

only  with   C:ittsby  of  the  laitv.     U.  They  had  r-r,  In  Doctrine,  he  remembered  two  points: 

*  ttroug  and  a  deep  oath  giwn  them  both  for  1.  Conccrnm*:  lOjui vocation  :  whercunto  he 

secrecy  and  perseverance.     3.  Th'-y  hereupon  answered,  That   their  church   condemned    nil 

feceived  the   holy   .Sacrament.     4.  They  were  lying,  hut  especially  if  it  be  in  cause  of  religion 

allowed  and  taught  bv  the  Jesuits,  to  equivocate  and  faith,  that   being  the  most   pernicious   lye 

■pon  oath,   salvation  or   otherwise:  and  ho-v  of  al!  others  and  by  St.  AiiL'Ustinc  rnndeinned 

u>n  should  it  be  discovered  ?     5.  Their  svcrel  in    the    ITiM;ialliaiii>l?  :     nay,    to    l\e    in    any 

intelligence  was  such,  as  that  it  was  impossible  cmi^u   is' held    a  sin    and  cwl  ;  howsoever  of 

by  the  wit  of  wail  to  be  found  out.     And  ei^ht  degrees  which  St.  Au^ustiue  znakcth,  the 

therefore, 


lowest  indeed  is  to  lye  for  to  procure  the  good 
of  some,  without  hurting  of  any.  So  then  our 
equivocation  is  not  to  maintain  lying,  but  to 
defend  the  u»e  of  certain  propositions  :  for  a 
man  may  be  asked  of  one,  who  hath  no  autho- 
rity to  interrogate,  or  examined  concerning 
something  which  belongeth  not  to  his  cogni- 
zance who  asketh,  as  what  a  man  thinketh, 
cVc.  So  then  no  man  may  equivocate,  when  he 
ought  to  tell  the  truth,  otherwise  he  may.  And 
so  St.  Augustine  upon  John  saith,  That  Christ 
denied  he  knew  the  day  of  judgment,  viz.  with 
purpose  to  tell  it  to  his  disciples ;  and  so  St. 
Thomas  and  others  who  handle  this  matter, 
chiefly  under  the  title  of  Confession. 

2.  For  the  second  point,  which  was  the 
power  of  the  pope  in  deposing  of  princes,  his 
Answer  was  threefold.  1.  That  therein  he 
only  propounded  and  followed  the  general  doc- 
trine of  the  church.  2.  That  this  doctrine  of 
the  power  of  the  pope,  was  by  all  other  Catho- 
lick  princes  tolerated  without  grievance.  3. 
That  yet  for  his  own  part,  he  always  made  a 
difference  in  the  matter  of  excommunicating 
and  deposing  of  princes,  betwixt  the  condition 
and  state  of  our  king  and  of  others,  who  having 
sometimes  been  Catholicks,  did  or  shall  after- 
wards full  back.  As  for  Simanca,  and  other 
writers,  whatsoever  they' set  down  of  the  de- 
posing of  hereticks,  it  is  to  be  understood  of 
those  princes,  who,  having  sometimes  professed 
the  faith  of  the  Church  of  Rome,  do  after- 
wards make  a  defection  from  the  same. 

2dly,  For  Recusants ;  1 .  I  desire  them  not 
to  impute  any  offence  or  crime  of  mine,  to  the 
prejudice  of  the  cause  of  religion.  2.  Con- 
cerning their  not  going  to  church  ;  whereas  it 
was  urged  by  Mr.  Attorney,  that  the  ground 
of  their  not  going  to  church,  was  the  excommu-. 
nication  and  Bull  of  Pius  Quint  us;  and  that 
now  they  may  go,  for  that  his  majesty  is  not 
denounced  excommunicate  :  I  answer,  That  it 
followeth  not ;  for  the  Arians  and  Catholicks 
had  the  same  service  in  their  churches,  yet 
came  they  not  together;  and  I  know  divers 
myself,  who,  before  that  Bull,  refused  to  go  to 
church  all  the  time  of  (juecn  Elizabeth,  though 
perhaps  most  Catholicks  did  indeed  go  to 
church  before.  It  was  about  the  end  of  the 
council  of  Trent,  where  this  matter  was  dis- 
cussed by  twelve  learned  men,  and  concluded 
not  lawful.  And  this  was  occasioned,  for  that 
Calvin  himself  held  it  not  lawful  fur  any  Pro- 
tectant to  be  present,  not  only  nt  our  muss, 
wherein  perhaps  they  may  say  there  is  idolatry, 
but  not  at  our  even-song,  being  the  same  with 
theirs. 

Sdly,  Concerning  the  Jesuits,  he  said,  That 
if  any  were  privy  to  such  horjible  treasons, 
it  was  impious,  especially  in  men  of  their  pro- 
fession :  but  said,  that  he  talked  with  some  of 
them  about  it,  and  that  they  denied  it. 

4thly,  Touching  myself,  The  Negotiation 
into  Spain  was  indeed  propounded  unto  me, 
and  I  was  also  acquainted  with  the  negotiation 
for  money,  but  ever  intended  it  should  be  be- 
stowed for  the  relief  of  poor  Catholicks :  but 


-Trial  of  Henry  Garnet,,  a  Conspirator   [240 

when  they  were  tliere,  they  moved  for  an  army  ; 
which  when  they  afterwards  acquainted  mo 
withal,  I«raisliked  it,  and  said,  it  would  be 
much  disliked  at  Rome  :  only  I  must  needs 
confess  I  did  conceal  it  after  the  example  of 
Chris*-,  who  commands  us,  when  our  brother 
offends,  to  reprove  him,  for  if  he  do  amend,  we 
have  gained  him ;  yet  I  must  needs  confess, 
that  the  laws  made  against  such  concealing,  are 
very  good  and  just,  for  it  is  not  fit  the  safety  of 
a  prince  should  depend  upon  any  other  man's 
conscience.  So  that  I  am  verily  persuaded,  if 
they  yielded  to  me,  it  had  been  good  :  but  what 
their  intent  and  meaning  was,  in  desiring  an 
army,  I  knew  not,  and  I  was  charged  not  to 
meddle  therein,  no  not  with  the  money  which 
was  to  be  sent  for  pensions,  though  it  was  to 
maintain  the  Title  of  the  king. 

The  Earl  of  Salisbury  then  demanded,  To 
maintain  whose  Title  ? 

Garnet  answered,  The  Title  of  the  king  of 
Spain. 

The  earl  of  Northampton  asked  him,  Why  he 
did  not  oppose  himself  against  it,  and  forbid  it, 
as  he  mi^ht  have  done  ?  For  '  Qui  cum  possit 
'  non  prohibet,  jubet.' 

Whereupon  G arnct  answered,  That  he  might 
not  do  it :  and  for  sending  of  letters,  and  com- 
mending some  persons  thereby,  he  confessed 
he  did  it  often,  as  thev  were  commended  to 
him  without  knowing  either  their  purposes,  or 
some  of  their  persons ;  for  he  never  knew  Mr. 
Wright,  for  whom  he  writ. 

The  earl  of  Salisbury  then  replied  to  Garnet, 
I  must  now  remember  you,  how  little  any  of 
your  answers  can  make  tor  your  purpose,  when 
you  would  seek  to  colour  your  dealing  with 
Baynam,  by  professing  to  write  to  Rome  to 
procure  a  countermand  of  conspiracies;  and 
yet  you  know,  when  he  took  his  journey  to- 
wards Rome,  the  blow  must  needs  have  been 
passed,  before  the  time  he  could  have  arrived 
to  the  pope's  presence,  (such  being  your  leal 
and  his  haste  for  any  such  prevention)  as  it  was 
about  the  20th  of  our  October  when  he  passed 
by  Florence  towards  Rome. 

To  which  Garnet  made  no  great  answer,  but 
let  it  pass :  and  then  went  on  with  his  Defence 
of  sending  Letters  in  commendation  of  many 
of  those  with  which  he  hud  been  formerly 
charged,  and  so  confessed  that  he  had  written 
commendation  of  Fawkes,  thinking  that  he 
went  to  serve  as  a  soldier,  not  knowing  then  of 
any  other  purpose  he  had  in  hand.  And  as  for 
sir  Edmund  Baynam,  what  lie  or  Mr.  Catesby 
intended,  he  knew  not  in  parjiculnr;  only  Mr. 
Cutesby  asked  him  in  generul,  the  question  of 
the  lawfulness  to  destroy  innocents  with  no- 
rm ts,  ns  had  been  before  objected  against 
him ;  which  at  first,  I  thought,  said  Garnet, 
had  been  an  idle  question,  though  afterwards 
I  did  verily  think,  he  intended  something  that 
was  not  good.  Whereupon  having  shortly  after 
this,  received  letters  from  Rome,  to  prohibit  all 
insurrections  intended  by  Catholicks,  which 
might  perturb  this  state;  Garnet  informed 
Cutesby  thereof!  and  told  him,  That  if  he  pro- 


24!] 


STATE  TRIALS,  *  James  I.  1606.— in  tfc  Gunpowder  Plot. 


[24* 


eeeded  against  the  pope's  will,  he  could  not 
prevail :  but  Cntesht  refused  and  said,  lie  would 
not  take  notice  of  tlie  pope's  pleasure  by  him. 
Notwithstanding,  he  shewed  to  Catesby  the 
general  letter  which  lie  had  received  from 
Rome,  but  said  he  would  inform  the  pope,  and 
tell  Garnet  also  in  particular,  wlr.it  attempt  he 
had  in  hand,  if  he  would  hear  it;  which  after- 
wards he  offered  to  do,  hut  Gnrntt  refused 
to  hear  him,  and  at  two  several  times  re- 
quested him  to  certify  the  pope  what  he  in- 
tended to  do. 

And  when  sir  Edmund  Baynain  (as  he  pro- 
tended) was  to  go  over  into  Flanders  for  a  sol- 
dier, Garnet  thought  good  to  send  him  to  the 
pope's  nuncio,  and  to  commend  him  to  other 
friends  of  his,  that  they  sliould  send  him  to  in- 
form the  pope  of  the  distressed  estate  of  Catho- 
licks  in  England  :  the  rather,  that  the  pope 
having  a  lay-mon  there,  might  be  acquainted 
with  all  their  proceedings;  and  that  Bayoam 
might  then  learn  of  the  pope,  what  course  he 
would  advise  the  Catholicks  in  England  to  take 
for  their  own  good  :  but  wished  Baynain  in  no 
case  f»  use  Garnet's  name  to  the  nuncio  in 
that  behalf.    . 

Then  were  the  two  Witnesses  called  for ; 
both  of  them  persons  of  good  estimation,  that 
wer-beard  tlie  interlocution  betwixt  Garnet 
and  Hall  the  Jesuit,  viz.  Mr.  Fauset  n  man 
learned  and  a  justice  of  peace,  and  Mr.  Jx>ck- 
erson.  But  Mr.  Fauset  being  not  present,  was 
«ent  for  to  appear;  and  in  the  mean  time  Mr. 
Lockerson,  who  being  deposed  before  Garnet, 
delivered  upon  h\>  oath,  that  they  heard  Garnet 
say  to  JIall,  They  will  charge  me  with  my 
Prayer  for  the  good  success  of  the  ptvat  action, 
m  the  beginning  of  the  Parliament,  and  with 
J  be  Veibts  which  I  added  in  the  cud  of  my 
Fiayer : 

'  Gentem  nufertc  pcrfidam 
'  Credeiititini  de  hnihus 
'  I?t  Chriato  luudts  dchitas 
'  Persoivamtis  alacriter.' 
ft  is  true,*  indeed,  said  Garnet,  that  I  prayed 
for  tlie  good  success  of  that  great  action  ;  but  I 
wjII   tell  thorn,   that  I  infant  it  in  respect   of 
some  sharper  laws,  which  I  feared  they  would 
then  makengainsti.'atholickb:  and  that  answer 
shall  serve  well  enough. 

Here  Garnet  replied,  that  for  tlie  two  gen- 
tlemen that  haird  the  Interlocution,  he  would 
not  charge  them  with  perjury,  because  he  knew 
flicm  to  be  honest  men ;  yet  l»e  thought  they 
did  mistake  some  things,  though  in  the  sub- 
stantial parts,  he  confessed,  he  could  not  deny 
their  relation.  And  for  the  main  Plot,  he  oou- 
fe»ed,  that  he  was  therewithal  acquainted  by 
Green  well  particularly ;  and  that  Green  well 
c-uii*  perplexed  unto  nim  to  njieii  something, 
which  Mr.  Cateshy  with  divers  others  intended : 
to  whom  he  said,  He  was  contented  to  hear 
by  him  what  it  was,  so  as  he  would  not  he  nc- 
knowa  to  Mr.' Catesby,  or  to  any  other,  that 
be  wa*  made  privy  to  it.  Whereupon  father 
GreenweH  tild  him  the  whole  IMor,  and  all  the 
particulars  ibereof,  with  which  lie  protested 
vol.  ii. 


that  he  was  very  much  distempered,  and  could 
never  sleep  quietly  afterwards,  but  sometimes 
prayed  to  God,  that  it  should  not  take  effect. 

lo  that  the  earl  of  Salisbury  replied,  That 
he  should  do  well  to  speak  clearly  of  his  devo- 
tion in  tbat  point;  for  otherwise  he  must  put 
him  in  remembrance,  that  he  had  confessed  to 
the  lords,  tliat  he  had  offered  sacrifice  to  God 
for  stay  of  that  plot,  unless  it  were  for  the  good 
of  the  Catholic  cause ;  nod  in  no  other  fashion 
(said  his  lordship)  was  this  state  beholden  to 
vou  for  vour  masses  and  oblations.  Adding 
thus  much  farther,  That  he  wondered  why  lie 
would  not  write  to  his  superior  Aquaviva,  as 
well  of  this  particular  Powder-Treason,  as  to 
procure  prohibition  for  other  smaller  matters. 

Garnet  faintly  answered,  he  might  not  dis- 
close it  to  any,  because  it  was  matter  of  secret 
confession,  and  would  endanger  the  life  of  di- 
vers men. 

Whereanto  the  earl  of  Northampton  replied. 
That  that  matter  of  confession,  which  before  be 
refused  to  confess,  because  he  would  save  lives, 
he  confessed  it  now  to  endanger  his  own  life ; 
and  therefore  his  former  answer  was  idle  and 
frivolous. 

Then  Garnet  told  the  lords,  That  he  com- 
manded Green  well  to  dissuade  Catesby,  which 
he  thought  he  did ;  and  if  Catesby  had  come 
to  hrm  upon  Alhullow-day,  he  thought  he  could 
so  for  have  ruled  him,  as  he  would  have  been 
persuaded  to  desist. 

Then  said  the  c.irl  of  Salisbury,  Why  did 
yon  refuse  to  hear  Cate»by  tell  you  all  the  par- 
ticulars, when  he  would  have  told  you,  if  you 
had  been  desirous  to  prevent  It? 

Garnet  replied,  That  after  Green  well  had 
told  him  what  it  was  which  Catesby  intended, 
and  tliat  he  called  to  mind  what  l.ate^by  said 
to  him,  at  his  first  breaking  with  him  in  general 
terms,  his  soul  was  so  troubled  with  misiike 
of  that  particular,  as  lie  was  loth  to  hear  any 
more  of  it. 

Well  then,  said  the  ear!  of  Salisbury,  you 
see  his  heart:  and  then  turning  to  the  Lords 
Commissioners,  he  desired  leave  of  them,  that 
he  might  use  some  speech  concerning  the  pro- 
ceeding of  the  state  in  this  great  cause,  from  tl.e 
first  beginning  until  that  hour;  and  so  be  pin 
to  this  effect:  That  although  the  evidence  had 
lK?en  so  well  distributed  and  opened  by  Mr. 
Attorney*  as  he  hail  never  heard  such  a  mass 
of  matter  better  contracted,  nor  made  more  in- 
telligible to  the  Jurv,  to  whom  it  was  not  his 
part  to  speak,  nor  his  purpose  to  meddle  with 
Mr.  Garnet  in  ditinity,  or  in  the  doctrine  c:f 
equivocation,  in  which  latter  he  saw  how  he 
hud  played  his  mastcr-prr/e;  yet  because  he 
had  been  particularly  used  in  this  sen  ice  with 
other  of  the  Lords  Commissioners,  by  whom 
nothing  was  more  desired,  next  the  gloiy  of 
(rod,  than  to  demonstrate  to  the  word,  w.th 
whit  sincerity  and  moderation  his  majesty's 
justice  was  carried  in  all  points,  ho  would  be 
bold  to  say  *-. me  what  ot  the  maimer  of  this  ar- 
raignment,  and  of  the  place  where  it  was  ap- 
pointed.    For  tlie  first,  he  said,  Tliat  seeing 

R 


2i3]    STATE  TRIALS,  \  James  1.  1(306.- 

thcrc.  was  nothing  to  which  thi*  state  might ' 
morr  ultribulc  the  infinite  uooduess  and  bless-  ' 
injjs  ot  (ioil,  than  to  the  [>  rot  ret  ion  of  the  true  I 
religion,  which  had  p-oumd  m>  lon«i  under  (he  . 
bitter  pernvutions  of  men  of  his  profession  ;  ' 
he  con  fessed,  that  he  hi  Id  himself  greatly  ho- | 
uomed,  to  be  an  assistant  amount  so  many  ' 
great  lords  at  the  seat  of  justice,  where  God's 
c> use  should  reecho  so  much  honour,  by  dis- 
crediting the  person  of  Garnet,  on  whom  the 
common  adversury  had  thought  to  confer  the 
usurpation  of  such  an  eminent  jurisdiction: 
for  otherwise,  wlio  did  not  know,  uint  the  qua- 
lity of  poor  Henry  Garnet  might  hate  under- 
tone a  more  ordinary  form  of  trial,  and  haply 
to  some  other  place  of  lev*  note  and  ohservu- 
Uon  ?  And  <o  his  lordship  tin»k  au  occasion  to 
declare.  That  the  city  of  London  was  so  dear 
to  the  kh'£«  ami  his  majesty  so  desirous  to  give 
it  all  honour  ami  comfort,  as  win  n  tins  oppor- 
tunity wa»  pat  into  his  hands,  whereby  there 
lm^ht  he  made  so  Msihle  an  anatomy  ot  popish 
doctrine,  from  whence  tlicse  t(casou>  ka\e  their 
source  and  >upport,  lie  thought  he  could  uot 
rhusc  a  fitter  sta^e  than  the  city  of  London, 
which  was  not  orlv  n^htlv  termed,  •  The 
Chamber  of  li.s  F.iupire/  but  was  by  his  ma- 
jesty esteemed  as  his  greatest  and  safest  trea- 
»uiy  ;  who  iKvountctn  no  riches  comparable 
to  his  suh'uv.s  he  ins,  and  acknowledccth  that 
such  a  circuit  did  ueicr  contain  x>  many  faith- 
fel  subjects  w:th:ti  the  walls:  a  matter  well  ap- 
pe.u:nc  to  his  own  eves  am."!^:  others,  upon 
i.:c  decease  \:i  the  Ia:e  queen  of  precious  me- 
iii»-\,  when  he  uueminj;  most  of  »he  pier*  and 
pn\wv»ui' severs  vf  th  >  ki^v/n.  wK»  were 
wcomjMir.e.i  w:;hi.  *  >ma:i  i.umL-«r  of  nobie 
a:u:  :a  ;t  h:\il  ten  tleinu:,  !-a-i  set  » ihtiu  ;u»  stated 
t*.v»r.i  e;.Cr\  n.L:;i[;'v  £.i:«-*  .•?"  :!:>  c::\,  uut;i 
tavy  »:.wi  puKvkiy  licciariM  w.;l:  ore  %o:Ci-. 
that  they  w  r..L\i  .-.\i-  ,i::J.  u.i  «::;i  :re  *.;ii£  •  ■;:.- 
soierc  i".*.  l.w:.  IV  \ju,  tti«  :\.vrt.  Mr.  Got;-*:, 
(sj:.;  i:  e  eari  of  \l:v  .:;\  ::■■.>:  I  .>u  ;re-»*  n/.*- 
s*-.\  .>  :  e  :ua".  ir.  whom  it  J^pcrv:;.  '.  e>;  Wi«." 
h-»r.il.%  :.eo,v.-..s  Lne  i*e<  :  t'jie-'ivi  ;..»..;*  r  tie 
i...i.::.e  .»:'  rei  i.o;».  wh.ch  tcre:  *:»rv  rau  i«*.:: 
Y+'.'*  i.*tivu  :'  .-  -i  r-'iov  :  :o  :.-**e  a,.7.r.;-.£«L 
%h:."-.:  .ia:S  L\.%.:  :.  e  :.:u:.«:^  ■•:"  ruLs*  tcc^ue*. 
»r.o  n^\e  .iiw;.y>  s^'-.'iU  :o  j.r-'te  ih*  trut.T  .i 
Wj".  Of  *.•<£■•  uiLHice:-:  o.i.u",.:i.e*  :'  e  sca:«t 
■->  sc  :t-/J-r,  .-.*  j.^j  »f.»  ;•*<  %j^w.  M~  C:-u-::w'C. . 
t..»i;  "...ex  \  ■*.-'  .ij?;tx:. ■*;•>.  '■■.<»*•:  :  .    Vi>-iCi. 

*  ■  ■ 

t.-—;.  ^e  "»%■■•..   :■«:*.•..    ji»e   i«:\"  j*  »ei.  ji> 
te:o.'^  *"  ■    jxv.:..  .*:  ^  ■■■  ^.-.    . -»   a    ■.:...>(.- 

el:— i.     I"   :  v  -v.    .-■    ■■.  -S1.J  ■  ..   . 

Wtfu  r.i:^r.  sue  :lu:  eu." „  -"*;■  :w  s:.m  ^l  ■:•.»■ 
Cruie  uC  F.k;u;vvcaL:i:a  t'«.  ;i.*i"\'.i:<  a::-:  y.nr 
kaffdnm*  of  o«nrc  :.«  aeuy  a  l:\».-^>  .  u:  .;  j^c 
ke  fixseoOKV.  that  rib»  ;u:tr..'cuL..*:  :i  ^:u.> 
aucvfttfiuil  by  ^cr\  j,j.-i.i£.u>  v.'  ?« 
*•  J)m  z  im  CDdirbi  Oua  :^t  jwmte  HiUi« 

i 


"Trial  qf  Hairy  Garnet,  a  Conspirator   \2\4 

roust  have  tx.'eii  discovered  otherwise  by  vio- 
lence and  coercion^  a  matter  ordiu:\ry  <n  other 
kingdoms,  tliough  now  for  horn  here  :  but  k  is 
better  as  it  is,  tor  the  honour  of  the  state,  for 
sou  ere  your  own  words,  that  you  thought  it 
U'st  to  tell  the  truth  at  last,  when  you  saw  you 
were  conioimded  tanta  huIh  list  turn.  In  which 
1  protest,  that  1  do  confidently  assure  myself, 
that  \ou  would  us  easilv  liaie  confessed  vour- 
self  to  be  the  author  of  all  the  action,  us  the 
concealer,  but  tit  at  his  majesty  and  my  lords 
were  well  contented  to  draw  all  from  vou 
without  racking,  or  any  such  bitter  torments. 

Then  shaking  to  Garnet,  lie  said  ;  I  pray 
you,  .Mr.  Garnet,  what  encouraged  Catesby 
that  lie  ini^ht  proceed,  hut  your  revolt  hu;  hiui 
in  the  first  proportion :  What  warranted 
Fa wkes  Dul  Gatesby's  explication  of  Garnei's 
arguments?  as  appears  infallibly  by  Winter's 
confession,  and  by  Fa  wkes,  that  they  knew  the 
poiut  had  lu en  resolved  to  Mr.  Caiesby,  by 
the  best  ui>ti.uii;y. 

Then  Gurnet  answered.  That  Mr.  Catesby 
was  to  LUine  to  make  >uch  application. 

To  thai  me  V-arl  rc-pi.td, 'liiat  he  must  needs 
be  buid  witli  liim,  to  drue  I;  in  from  the  trust 
he  had,  to  satisfy  t!ie  world  by  ius  denials,  by 
puttir^  hiiu  in  mind,  how  alter  the  interlocu- 
tion bctnixt  Inn  and  Lia*!,  \M.tn  he  wascailed 
before  all  the  k-rds.  and  wa^  asktni.  not  what 
he  said,  but  w he: her  ll.iii  aiai  he  had  confe- 
rence together.  dos.:ir.j  h.m  n  »t  to  equa.\ix:ate  ; 
how  st nil \  he  dcuieii  •(  upoh  in?  »c.;i.  reicerat- 
vaz  it  wi;h  s:i  m.i:i_\  i.ii.:e?tat  .t  e\tcr.\tiOiia,  as 
the  edr\  said.  •:  n.%  inu  i  V  v  r  hear; 5  to  taar 
hint ;  uim  \i:  as  >k,.i  a>  11.-...  ha.;  c«tu't>s<d  it. 

* 

he  crew  a*r:?.4iied,  cr:t«i  :  o  L^ro's  u<er«.y.  ard 
sa;u.  i«e  hua  o:;'c:a.-.ieJl  it  iMuirocatiwa  *i«i  :ivt 
i.t.p  Vuiu. 

i .»  si.:*  (:*•■".:  ?:  -■•■c/v.i.  T::a:  "'/.i:;  one  is 
.*.««ed  a  iy.:c>:.»»i:  her. ■»«.  a  iL.A^;scri*:e.  ::e  w-i* 
;;  ■:  to ■.:■■.  i  t  >  a;;vu:  L«.:"  re  >^i_ie  wi:;;iice*  fK.» 
pr.H.iuce»:  a^  ■:■:•:    n  :*;.    *  ^u:.&   r.-r*i»   te.ut^r 

*  j;-  v.«re  '..:*..■:  .'  Irrt  -.  Oarr.^t  :uli.:*j  ;.  •■• 
*»::::•:  ev  ifo.-.-;.*  ■:•:  k.:»  ««..-wi^:r.£to  t.s  !::a- 
je»ty.  .-.r.t  r-e:^  ^  :z  ^'.  u^:u  ■  ;"  :i^e  aiis*<r  :.e 
li; .*.:«.  c-v.cfi:-:  «  :;.e  e^^-:r.:nu.*.CiLL.?.-  c-:  *:'".>, 
»;:*Tt::  r*   re.ci-reti  i.:ui>^.:  : ■»  :;-e    c:>ri<>a    '.»f 

*  N  s  5ac.c:  j  rue—"  :*  a:iv  cixu.  ::.-t  iiiS  a«a- 

1  !jcu  :*.e  >j«l  kf  Sai  «l^rv  ijioe  i  iiu  de^j 
c.x  -lv.  f;r  :". .  *  ■*«  :  e  :.  r:.  "^  ..*::.«:■  in  co.*e 

*:■■  l--.:..*c  ;:.e  *..'i's  n. «  ^>;y  or  i.ireat  B*-*- 
:.i..:,  :  >  --i  f.;-?  Av,-;  r.  w,    :  ;...  c  i  :.,iLt  :atrir 

»«  11  «: -,"e    »-^.'    uJ*.4    ■.'".'*  Tc>a«,l  It.*.    r»<>  '  *  ':*£  oj 

> « .  '. :'. .  >  *  .  . "  :  .■."■>.■  ,'.»i  w  '"ve, .  'Cx  ,-c*o  s 
;_z:c.  r  -  ■•-..•fc.:  j..  v.  a.,  c.wi?  »«.  -  ?  r.: icd*a  to 

3<^ >:."■;  -^V  >  ...  CvjS^".    l~Jl  »J>  1"    :  c- <tL.ess 

:  -:»i  jr.  .:«..:  . :  .■■-«..  :*i>  a-j.-i^.-.  ~<%u*i  be 
z»+  Ls*»:  '    :iu.  4  \i\    •■  j.. e -«:'•.   ■..■■.■■  a;. • -a.  b«- 

-caL*  .:  fc-^ai::-  '  w  e  ^*<*.:*>  -.^li-  ;  ard 
»dtfii  Je  ;::-iersc..v"v:  z  a;  cce  p'|.«.  ^a«i  ccjS£«v1 


215] 


STATE  TRIAU5,   Uames  I.  1006.— in  the  Gunpowder  l>lot. 


[246 


To  that  it  was  said,  That  belike  the  pope 
chinged  his  mind,  when  the  king  was  so  safely 
possessed  of  his  estate,  and  Garnet  with  his 
complices  began  lo  feel  their  own  impiety,  and 
so  as  Catesby  said  to  Percy,  did  resolve  roundly 
of  that  Treason,  which  would  speed  all  at 
once. 

Then  Garnet  began  to  use  some  Speeches 
that  lie  was  nut  consenting  to  the  Powder-Trea- 
son.  Whereupon  tlie  earl  of  Salisbury  said, 
Mr.  Garnet,  give  me  but  one  argument  that 
j'ju  were  not  consenting  to  it,  that  can  hold  in 
any  indifferent  man's  ear  or  sense,  besides  your 
bare  negative,      but  Garnet  replied  not. 

Then  Air.  Attoruey-Gtneral  spake  in  answer 
to  Garnet  more  particularly,  to  this  effect : 

1.  For  Equivocal i  hi,  it  is  true  indeed,  that 
they  do  outwardly  to  the  world  condemn  lying 
aud  perjury,  because  the  contrary  were  too  pal- 
pable, and  would  make  them  odious  to  all  men : 
But  it  is  open  and  broad  lying  and  forswearing, 
oot  secret  and  close  lying  and  perjury,  or  sweur- 
iag  a  tukhood,  which  is  most  abominable,  and 
without  defence  or  example.  And  if  they  allow 
it  not  generally  in  others,  yet  at  least  in  them- 
selves, their  confederates  and  associates  in  trea- 
sonable practices  they  will  both  warrant  and 
defend  it,  especially  when  it  may  serve  their 
turn  for  such  purposes  and  ends  as  they  look 
after. 

2.  Concerning  the  usurped  power  of  the  pope 
iu  deposing  of  princes ;  neither  is  it  the  general 
doctriue  of  the  church,  as  he  falsly  said,  neither 
allowed  or  tolerated  by  all  princes,  who  are 
otherwise  of  their  religion,  as  may  appear  out  of 
the  French  discourse  written  to  the  French  king 
against  the  re-adtnittiug  of  the  Jesuitical  fac- 
tion. And  whereas  he  would  pick-a-thanke  in 
seeming  to  spare  and  exempt  king  James  our 
sovereign,  it  is  not  possible  to  avoid  thoir  dis- 
tinction of  being  excommunicated  de  jure  if 
not  de  facto,  howsoever  it  be  true  also,  thai  the 
pope  doth  de  Jucto  curse  all  hereticks.  For 
recusants  not  going  to  church,  the  example  of 
i  lie  Catholicks  not  joining  in  service  and  prayer 
with  the  A  nans,  who  denied  u  main  article  of 
ihc  Christian  creed,  doth  no  ways  hold,  neither 
can  it  agree  to  us,  of  w  horn  no  such  impious  blas- 
phemy can  be  shewed  or  imagined.  That 
Garnet  said,  he  knew  tome,  who  before  the  bull 
came,  went  nob  to  church,  it  may  be  true  per- 
haps in  some  one  or  two  perverted  and  perverse 
men  like  himself;  but  whereas  he  produced  the 
council  of  Trent,  as  if  tliere  the  matter  had 
been  determined,  and  thereupon  inferreth,  that 
after  that  all  Romish  Catholicks  refused  to 
meet  with  us  at  Church  in  time  of  prayer,  it  is 
a  gross  error :  fur  the  last  session  of  that  coun- 
cil was  in  the  year  of  our  Lord  1563,  which 
was  in  the  fifth  year  of  queen  Klizabeth ; 
whereas  I  shewed,  and  am  able  to  justify  and 
prove,  That  their  Romish  English  Catholicks 
caue  to  our  set  vice  in  our  churches  until  the 
uineteenth  year  of  her  majesty,  which  was  many 
years  niter  that  council  was  ended. 

Concerning  Garnet  hinuelf;  1st,  For  that 
answer  of  his,  That  he  knew  of  the  Powder- 


Treason  by  confession,  it  is  true  which  before 
was  spoken,  that  such  acts  as  this  is,  Nan  laud- 
antur  nisi  per  act  a,  are  then  only  commended, 
when  they  are  performed  :  but  otherwise,  first, 
Green well*s  was  no  sacramental  confession,  foi 
that  the  con fi tent  wa&  not  penitent  :  nay, 
himself  hath  clearly  delivered  under  his  hand 
that  the  Powder-Treasou  was  told  him,  not 
as  a  fault,  but  by  wuy  of  consultation  and 
advice.  2dly,  It  was  a  future  thing  to  be 
done,  and  not  already  then  executed.  3dlv, 
Greenwell  told  it  not  of  himself,  that  he  should 
do  it,  but  of  Fawkes,  Percy,  Catesby,  Winter, 
and  others;  and  therefoie  he  ought  to  have 
discovered  them,  for  that  thev  were  no  conn- 
tents.  4thlv,  lie  might  and  ought  to  have  dis- 
covered the  mischief,  far  preservation  of  the 
state,  though  he  had  concealed  the  persons. 
5thly,  Catesby  told  it  unto  him  extra  confes- 
sionemf  out  of  confession ;  saying,  they  might 
as  well  turn  him  out,  as  have  kept  him  out. 
Lastly,  By  the  common  law,  howsoever  it  were 
(it  being  crimen  hcta  Majcstatis)  be  ought  to 
have  disclosed  it. 

Now,  for  that  Garnet  denied  that  he  was  a 
principal  author  and  procurer  of  this  Treason, 
but  only  that  he  had  received  knowledge  there- 
of; th?, contrary  is  clear  and  manifest,  both 
out  of  his  own  confessions,  by  himself  acknow- 
ledged, and  apparently  proved,  in  that  he  re- 
solved Cateshy  concerning  the  lawfulness  and 
merit  thereof,  and  that  he  prayed  for  the  good 
success  of  the  Powder-Treason,  which  is  more 
than  either  consultation  or  consent.  Besides, 
he  must   remember  him   of  the  oid  versicle, 

*  Qui  non  prohibet  quod  prohibere  potest  cou- 
'  scutire  \idetur.*  Garnet  might  have  com- 
manded Greenwell,  that  told  him  of  the  Pow- 
der-Treason, to  have  desisted,  but  did  not :  But 
Greenwell  went  still  on  with  the  Treason,  and 
when  it  was  disclosed,  went  into  the  country  to 
move  rebellion,  which  doubtless  he  would  never 
have  done,  if  Garnet  had  forbidden  him ; 
therefore,  he  said,  he  might  say  with  the  orator 
Tuliy,    (  Cui  adsunt  testimonia   rerum,   quid 

*  opus,  est  verbis?'  Moreover,  Mr.  Attorney 
added,  how  Garnet  writ  first  for  Thomas  Winter, 
then  for  Kit  Wright,  after  that  for  Guy  Fawkes, 
then  for  sir  Edward  Bayuam,  and  afterwards 
for  Catesby,  for  a  regiment  of  horse;  and  that 
Garnet  was  for  the  Infanta,  and  by  his  briefs 
intended  to  keep  out  the  king,  except  he  should 
tolerate  and  swear  to  maintain  the  Romish 
religion. 

Then  Mr.  Attorney  spake  of  the  Interlocu- 
tion hctwi:vt  Garnet  anil  Hall,  and  said,  That 
in  all  their  speeches  they  never  named  God, 
nor  confessed  their  innocency  :  But  as  soon  as 
they  spake  together,  Hall  spake  first ;  and  then 
Garnet  said  he  suspected  one,  whose  name 
they  that  were  set  to  overhear  them,  could  not 
hear,  to  have  di^-losed  something  against  them  r 
lint  it  may  be  otherwise,  for  he  said  he  was 
much  subject  to  that  frailty  of  su>picion.  He 
said  he  received  a  note  from  Ronkwood,  that 
Green  we'll  was  gonu  over  seas;  and  another, 
that  Gerrard  was  gone  to  father  Parsons,  and 


217]    STATE  TRIALS,  4  James  I.  \(m.— Trial  of  Hairy  Garnet,  a  Conspirator    [24S 


that  mistress  Ann  was  in  town,  meaning  mis- 
tress Ann  Fawkes,  un>1  many  other  things  were 
by  them  uttered  in  that  conference. 

By  this  time  came  in  Mr.  Forsct,  who  being 
deposed,  atiirmed  likewise,  that  their  Examina- 
tion, and  the  matter  therein  contained,  were 
true :  saying  further,  that  both  of  them  took 
notes  ot  that  which  they  heard  from  Garnet 
and  Hall,  as  near  as  possibly  they  could,  and 
set  down  nothing  in  their  Examinations,  but 
those  things,  wherein  both  their  notes  and  per- 
fect memories  agreed  and  assented  ;  and  that 
many  things  that  were  very  material,  and  of  great 
moment,  were  left  out  at'  their  examinations, 
because  both  their  notes  and  memories  did  not 
perfectly  agree  therein. 

And  now  one  of  the  Letters,  which  were 
written  with  sack,  was  shewed  to  the  court ;  by 
which  app cured  that  Hall  and  Garnet  had  in- 
terlocution together.  Mr.  Attorney  here  in- 
ferred that  the  necessity  cud  of  justice  was  ut 
pana  ad  paucos,  mclus  ad  unities  peridental ; 
and  urged  the  Examination  of  Garnet,  where- 
in he  confessed  tint  when  Tesmond  alias 
Green*  ell,  made  relatiou  to  hiin  of  the  great 
blow  by  the  Powder -Treason,  who  should  have 
the  protection,  Green  well  said,  the  lords  that 
should  be  left  alive  should  chusc  a  Protector. 
And  further,  Mr.  Attorney  urged  the  writing  of 
another  letter,  written  with  sack,  to  Sayer 
alias  Kookwood,  a  priest  m  the  Gatehouse : 
But  of  this  point  much  is  formerly  mentioned. 

Here  Mr.  Attorney  ending,  my  lord  of  Nor- 
thampton spake  to  the  prisoner  this  Speech  fol- 
lowing : 

Earl  of  Northampton.  Though  no  man 
alive  cm  be  less  apt  or  willing  than  myself,  to 
"add  the  least  grain  or  scruple  of  improvement 
to  the  weight  of  any  man's  calamity,  that  groans 
under  the  heavy  burden  of  a  distressed  stau?, 
Vel  gravatis  addei  e  gravamina,  whereof  I  have 
as  many  witnesses  as  tlie  world  hath  eyes  ;  yet 
as  the  case  stands  now  in  this  Trial,  Mr.  Oar- 
net,  between  my  dear  sovereign,  ex  cujus  spirt- 
tut  as  one  said  of  Alexander,  nos  omms  spirit- 
um  ducimus  ;  and  you  that  were  so  well  con- 
tent, to  let  the  course  of  conspiracy  run  for- 
ward to  the  stopping  of  this  breath  before  the 
time,  which  God  by  nature  doth  prescribe,  be- 
tween his  honour  and  your  error,  his  just  pro- 
ceedings and  your  painted  shews,  his  sincerity 
and  your  hypocrisy  ;  I  could  wish  it  possible 
that  in  any  person  of  some  other  quality,  you 
might  hear  the  echoes  of  your  un perfect  and 
weak  answers,  and  thereupon  judge  more  in- 
differently and  evenly  of  the  true  state  of  the 
cause  than  you  have  done  hitherto  ;  being  dis- 
tracted with  tisir,  or  forestalled  by  prejudice, 
or,  to  borrow  your  own  phrase,  which  is  more 
proper  to  the  point  than  any  I  ran  u«e,  op- 
pressed Uinta  tiube  ttbtium,  with  so  thick  a 
cloud  of  witnesses,  as  concur  with  one  voice, 
heart,  and  spirit,,  for  the  confusion  of  your  au- 
dacity. 

I  confess  that  never  any  man  in  vour  state 
{ave  lets  hold  or  advantuge  to  examiners,  than 
yqu  have  done  in  the  whole  course  of  proceed- 


ing to  us  that  were  in  Commission  ;  sometime 
by  forswearing,  as  upon  the  Confession  of  Hall 
your  fellow ;  sometime  by  dissembling,  as 
about  tlie  places  of  your  rendezvous,  which 
was  the  Lapwing's  Nest ;  sometime  by  earnest 
expostulation ;  sometime  by  arliticial  equivo- 
cation ;  sometime  by  sophisticating  true  sub- 
stances ;  sometime  by  adding  fata  qualities; 
yet  sat  superest,  as  may  appear,  to  the  defeat 
of  yonr  inventions,  and  the  defence  of  the 
king's  majesty,  quia  magna  ist  ztritas,  et  pr«- 
vulct. 

Your  parts  by  nature  dimply  considered  and 
in  another  person,  would  rather  move  compas- 
sion, than  exasperate  humanity  ;  lor  whom 
would  not  the  ruin  of  such  a  person  touch,  as 
is  in  appearance  temperate,  and  in  understand- 
ing ripe  ?  But  our  end  at  this  time  is  the  same 
with  Decius  in  l.ivy.  nt  quern  vos  obrutum  rtli- 
quistis  ignem,  &c.  that  we  may  q  a  nub  that 
fire  by  prevention,  which  you  have  only  raked 
up  in  ashes ;  ut  novum  darct  incendium7  that  it 
might  cause  a  new  combustion  so  soon  os  it 
might  hit  upon  matter  that  were  fit  and  suita- 
ble. Wherefore  I  must  rather  draw  your  an- 
swers to  the  true  touch  for  discharge  of  rumors, 
than  vcrbtrurt  tier  an,  beat  the  air  :  For  the 
substance  of  all  vour  evasions  and  sly  shifts,  is 
as  the  inn-keeper  of  Chalcus  confessed  of  his 
dishes  to  his  guests,  admiring  tan  tarn  J'trculo- 
rum  dircrsitatem.  that  thev  were  only  coin- 
pounded  of  pork,  howsoever  your  tine  cookery 
mav  varv  them. 

The  two  Bull »  that  in  the  late  queen's  time 
entered  the  laud  (with  a  purpose  by  their  loud 
lowing  to  call  all  their  calves  together,  for  the 
making  of  a  strong  party,  nt  the  shutting  up  of 
the  evening,  against  your  dread  sovereign) 
were  grazed  in  your  pastures,  Mr.  Garnet ;  or 
to  speak  more  properly  (because  they  durst 
u either  endure  the  light,  nor  admit  the  air) 
they  were  stall- fed  at  your  crib,  as  yourself 
confess ;  and  therefore  serve  tieuuamt  ex  ore 
tuo  tcjudico.  And  what  answer  make  you  to 
this  ?  Marry,  that  the  purpose  was  imparted  to 
very  few  ;  so  much  the  uorse  :  For  out  of  pu)>- 
lication  grows  discovery  ;  and  yet  experience 
hath  justified,  that  those  very  few  were  the 
very  souls  and  spirits  of  that  pack  of  conspira- 
tors, and  such  as  for  want  of  patience  and  tem- 
perance to  tarry  the  time,  whe*  the  game  had 
been  brought  to  bearing,  should  have  played 
the  chiefest  parts  in  the  late  snioaking  tragedy. 
You  say  the  Bulls  were  after  sacrificed  in  the 
fire  by  yourself:  But  not  before  the  king's  good 
angel  had  cut  their  throats,  and  the  best  part 
of  their  proof  were  past,  and  your  hopes  dead 
of  that  good  w  Inch  in  likelihood  they  should 
Iia\e  brought  with  ihem.  For  to  what  use 
could  these  dumb  beasts  serve,  in  seeking  to 
prevent  that  lawful  and  undoubted  right, 
which  heaven  had  now  proclaimed,  and  enrlli 
acknowledged  ?  Rut  let  the  proof  be  what  it 
will,  I  look  into  tlie  root.  I  wonder,  Mr.  Gar- 
net, what  apostle  warrants  you  in  undertaking 
wicked  Plots,  in  hope  that  good  may  follow ; 
neglecting  what  all  laws,  and  the  Jaws  of  Eng- 


24-J] 


STATE  TRIALS,  4  James  I.  1G06.— in  the  Gunpowder  Plot. 


[230 


Itnd  above  mil,  what  all  states  and  nations  con- 
clude of  men,  that  ?lily  practise  and  combine 
for  anticipation  of  the  future  rights  of  lawful 
successors. 

In  excuse  of  Letters  written  with  vour  own 
band  by  Thomas  Winter  to  father  Creswell, 
when  he  was  employed  about  the  procurement 
of  an  army  to  invade  with  supplies  of  treasure 
proportionable  for  the  quicker  execution  of  so 
desperate  an  enterprizc ;  you  answer,  that  the 
persons  were  commended  in  your  letters,  not 
the  plot:  ipectutum  admixsi,  ritutn  tencatis, 
unci  t  as  though  the  minister  had  any  other 
errand  or  instruction,  than  the  main  plot  itself: 
at  though  you,  Mr.  Garnet,  being  then  Magi*- 
ter  i»  Israel  and  Hector  Chori,  could  or  would 
be  ignorant  of  their  prefixed  end ;  as  though  so 
grave  a  person  as  yourself,  were  likely  to  set 
bis  hand  to  blanks  like  a  baby,  and  to  leave 
the  rest  to  the  disposition  or  a  man  wholly 
transported  with  Aery  humours  :  Or,  as  though 
n  this  very  point  other  men's  confessions  in 
particular,  besides  your  own  in  generality,  had 
aot  left  us  marks  and  traces  evident  and  plain 
enough  to  descry  doublcness  with  diversity. 
You  confess  pritity  to  a  practice,  but  not  for 
an  army ;  foreknowledge  of  a  course  for  getting 
treasure,  but  with  a  purpose,  as  you  conceived, 
to  employ  it  wholly  tor  the  relief  of  cathoheks. 
So  as  the  reason  of  the  reserved n ess  of  Cates- 
by,  Winter,  and  tlis  rest  toward  you,  must  be 
undoubtedly  their  suspicion  of  your  over  great 
•section  and  duty  to  the  queen  :  For  other- 
wise it  is  certain  they  would  have  trusted  you 
ss  well  with  their  intention,  as  with  their 
nrans ;  with  their  hopes,  as  with  their  instru- 
ments ;  especially  considering  how  hard  it  was 
far  them  to  compass  their  own  vast  defies, 
without  help  both  of  your  credit,  and  of  your 
iadnstry. 

Wright  was  in  like  manner,  and  with  like  ex- 
pedition, commended  by  you  afterward  for  tlie 
quickening  of  Winter's  project,  if  any  life  were 
is  it,  upon  the  slacking  of  the  passions  of  Spain, 
with  the  propositions  of  peace,  that  no  time 
■iglit  be  lost,  no  stone  left  un removed  that 
sight  give  a  knock  to  the  pence  of  our  policy  ; 
yoar  head  wrought  upon  all  offers,  your  head 
•alked  iu  all  regions,  your  spirit  steered  all  at- 
tempts and  undertakings :  and  yet  if  protesta- 
tions, qualified  and  protected  by  equivocations, 
any  carry  weight,  all  this  while  your  mind  was, 
as  good  pastors  ought  to  be,  patient,  your 
thoughts  were  obedient,  and  your  counsels  in- 
nocent. Dot  now  to  search  your  cunning  some- 
what nearer  to  the  quick,  we  must  observe,  that 
when  your  hopes  of  invasion  began  to  cool  by 
likelihood  of  peuce,  your  desires  of  supplies  by 
the  cold  answers  that  came  from  Spain,  your 
expectation  of  new  mischief,  to  be  wrought  at 
home  without  com  plots  abroad  ;  when  malice 
its* If  was  ca*  into  so  desperate  a  swoon,  ns 
imtiiIkt  Kosasolis  when  Spain  relented,  nor  Is- 
cobah  when  Tyrone  submitted,  nor  dissension 
within  the  kingdom  when  discontentments  end- 
ed, could  pot  it  by  any  fresh  adventure  into 
bfe;  when  ye*  for  your  own  part,  Mr.  Garnet, 


having  been  once  washed  and  regenerated  in 
the  fountain  of  the  king's  true  pardon,  from  the 
leprous  spots  of  former  treasons,  were  deter- 
mined to  begin  upon  another  stock,  and  return 
as  a  dog  to  the  vomit :  though  washing  can  avail 
no  man  (as  the  preacher  warns)  that  iterum 
tangit  mortuum,  toucheth  the  dead  the  second 
or  third  time  after  he  huth  been  made  clean ; 
for  secretly  Catcsby  resorts  to .  you,  as  Maho- 
met might  to  Sergius,  for  now  I  speak  according 
to  the  matter,  and  not  the  men,  to  enquire  whe- 
ther it  were  lawful,  considering  the  necessity  of 
the  time,  to  undertake  an  euterprize  for  the  ad- 
vancement of  the  Catholic  religion,  though  it 
were  likely  that  among  many  that  were  noccnt, 
some  should  peiish  that  were  innocent.  A  man 
that  is  religious  in  any  kind,  or  but  morally  ho- 
nest in  his  own  kind,  would  expect  that  a  priest, 
a  Jesuit,  (which  title  doth  imply  salvation,  and 
not  destruction ;  nay  the  Superior  of  English 
Jesuits)  upon  this  rash  demand,  should  have  re* 
sorted  for  a  safe  resolution  to  God's  own  book; 
where  he  should  have  found  that  God  was 
pleated  to  withdraw  his  wrathful  liand  from  So* 
dom,  so  as  there  had  been  only  decern  jutti,  ten 
just  men  within  that  town,  and  for  their  sakes; 
that  the  wise  householder  in  St.  Macthew,  mark- 
ing liow  hard  it  would  be  before  the  corn  was  ripe 
to  make  separation,  gave  order  to  his  servants 
to  abstain  from  plucking  up  the  tares,  nt  simul 
eradicarent  crif  if  urn,  lest  withal  they  plucked  up 
the  wheat  by  the  roots.  Ye  should  have  found  in 
the  stories  of  the  church,  thut  the  godly  bishops 
in  the  first  spring  of  religion,  suspended  process 
against  the  Priscillian  heretics,  ne  Catholici 
cum  Mis  pcrirent,  lest  the  Catholics  might  also 
perish  with  them.  And  the  church  ot  Milan 
taxed  Theodosius  the  emperor,  quod  intontes 
una  cum  sontibus  true  id  asset,  that  he  had  pro- 
ceeded both  against  the  gnilty  and  the  guiltless 
with  one  stroke,  and  in  one  measure  of  severity. 
But  far  beside  the  warrant  either  of  hol^r  writ, 
or  holy  precedents,  your  answer,  Mr.  Garnet, 
was  such,  as  I  both  abhor  to  think,  and  quake 
to  utter ;  that  if  any  great  advantage  were  to 
grow  to  the  church  this  way,  they  might  destroy 
them  all. 

Tanttrne  animis  calestibus  ira  f  O  Mr.  Gar- 
net, be  not  offended  though  I  ask  of  you,  as  a 
worthy  emperor  did  once  of  a  traitor  in  a  case  by 
many  degrees  inferior  to  this,  QuiJ/acit  inpec- 
tore  humann  Inpi  ft  ritas,  canis  rabies,  serpentit 
vencnum  ?  Tint  that  which  ought  most  to  tor- 
ture nnd  tifiiicr  the  spirit  (if  you  be  the  child  of 
him  whose  name  and  badge  you  hear)  is,  that 
your  doctrine  was  confidently  delivered,  and  so 
speedily  digested,  nnd  converted  to  nutriment 
from  such  a  mouth  as  yours,  considering  that 
(according  to  the  prophet)  knowledge  should 
depend  upon  the  lips  of  a  priest,  as  Ilookwood, 
Bates,  and  other?,  that  did  shrink  at  the  horror 
of  the  project  when  it  was  first  laid  down,  re- 
ceived satisfaction  upon  the  very  sound  of  your 
assent,  though  masked  with  the  title  of  a  man, 
as  grave  and  learned  as  any  in  the  land.  And 
Catrshy  doubting  of  the  fickleness  of  men's  af- 
fection^ in  cn»*es  that  concern  the  soul,  used 


251]  STATE  TRIALS,  4  James  I.   1006.— Trial  oj  Henry  Garnet,  a  Conspirator  [252 


your  admittance  as  a  clmrm  or  spell,  to  keep 
quick  spirits  within  the  circle  of  combined  fiith; 
which  oihcrwi.se  perhaps,  when  hell  brake  loose, 
would  have  bought  liberty.  Your  charter  only 
(whereupon  I  beseech  you  for  your  own  soul's 
health,  to  meditate  lor  the  time  you  tarry  in 
this  world)  for  the  base  whereon  some  grounded 
their  bud  conscience  iq  proceeding  with  this 
plot,  not  only  to  the  destruction  of  ititir  bodies., 
but  to  the  peril  ot*  their  souls,  without  sound 
and  true  repentance,  winch  by  the  merit  of 
Christ's  Passion  will  s?rve  m  quacunqut  horn 
peccator  inganucrit.  For  though  Christ  were 
joyful  that  he  had  not  lost  one  of  those  whom 
his  father  gave  him  in  charge,  and  came  to 
save  and  not  to  destroy ;  yet  jour  advice  was 
to  destroy  them  ail :  such  was  your  burning 
charity ! 

Some  mail  surprized  w  ith  a  question  upon  the 
sudden,  might  answer  sharply  and  shrewdly  at 
some  time,  I  confess,  without  thinking  or  in- 
tending ill :  but  this  man,  Mr.  Garnet,  cannot 
be  you,  that  have  confessed  clearly  under  your 
own  hand,  your  bU»picion  and  fear  of  some  mis- 
chief purposed  and  intended  in  their  hearts,  by 
this  quick  tjucstiou  of  uoceiits  and  innocents : 
and  therefore  quod  duh'Uax  nej'eceri*.  It  seems 
the  heart  of  Caleb  by  was  a  fertile  soil  for  sprout- 
ing of  stinking  wveds  hastily,  into  which  the 
seed  of  vour  &ecui  inj;  contidence  was  cast.  For 
the  Powder  Plot,  which  in  January  was  barely 
embryo,  became  format  in  jlrtus  in  the  March 
next  following;  it  quickened  the  next  Decem- 
ber, when  the  pioneers  began  to  dig  in  the  thick 
wall:  C'atesby  not  long  alter  imparted  his  con- 
ceit secretly  to  you  of  the  great  likelihood  he 
foresaw  of  a  lucky  time  of  birth;  and  thereupon 
was  Guy  Fawkes  sent  over  by  your  knowledge 
and  encouragement,  to  deal  with  sir  William 
Stanley,  about  the  drawing  down  o(  forces  some- 
what nearer  to  the  sea  side  tor  speedy  trans- 
port, which  if  need  were,  might  carry  torches  at 
the  soltmuity.  But  what  is  your  answer  to  this 
employment  of  Guy  Faw  kes  ?  Forsooth,  that  your 
purpose  was  only  to  commend  him  as  a  sol- 
dier, but  not  as  a  conspirator.  O  unlucky  trea- 
son, that  comeb  to  be  excused  by  so  poor  an 
advocate!  when  Fawkes  linn- elf  meant  nothing 
le?s  than  to  be  a  soldier,  having  so  strange  a 
part  to  play  soon  after  in  the  Powder  Train,  but 
u>ed  this  retreat  as  a  colour  to  disguise  the  se- 
cret purpose  that  did  only  tarry  lime,  and  to 
eschew  those  watchful  eyes,  that  nearer  hand 
would  have  observed  both  his  inlets  and  his  out- 
lets in  that  place  more  narrowly.  The  point  is 
clear,  the  confessions  are  direct,  the  purpose  is 
palpable.  All  the  lines  of  your  level  are  drawn 
to  the  center  of  the  Powder-mine.  All  letters 
are  cither  drawn  or  interlined  manu  tcorpiomt, 
to  use  the  word  of  Hier.uiic;  an  I  yet  under 
pain  of  cfiisure  we  must  believe,  That  all  tins 
while  \ou  were  in  charitv,  because  all  this  while 
(which  it  grieve*  im*  to  remember)  you  were 
not  afraid  to  communicate. 

But  now  to  weigh  your  Answers  tliat  concern 
the  Powder-Plot  itself;  which  is  paramount  in 
respect  of  the  longitude  and  latitude  to  all  that 


have   been  or  ever  shall  be:   yourself  cannot 
deny,  Mr.  Garnet,  that  fireenwell's  overture*, 
as  you  say  in  coiuession,  coming  after  the   no- 
tire  which  you  took  of  Caiesby's  question  abcut 
innocents  was  but  a   fruit   of  vour  own   doc- 
trine,  an   etfect  of  your  own   instruction,  and 
a  conclusion  drawn   wholly  out  of  your  own 
propositions  and   principles.     Now   when  w* 
press  to  know  what   reason  drew  you  to  the 
concealment  of  a  project  ho  pernicious  both  to 
prince  and  stale,  without  revealing  it  cither  to 
the  king    himself,  tunquam  prteceilenti,  to   use 
St.  Peter's  term,  or  to  his  ministers  subordi- 
nate :  you  start  to  the  shift  of  confession  for  a 
formal  help,  which  comes  too  short  in   respect 
of  C'atesby's  first  discovery,  which  your  own 
words  aver  plainly  to   have  wrought  with  you. 
I  will  not  argue  hi   this  place  wliat  course  a 
confc*S'ir  should   take,  or  how  far  he  ought  to 
t  train  for  the  securing  of  a  prince's  life,  that 
otherwise  is  sure  to  perish  by  the  rai^c  and  ig- 
norance invincible  of  a  base  villain,  (whose  ltle 
answers  not  in  value  the  least  hair  of  a  prince's 
head)  because  time  sutlers  not :  but  1  am  sure 
that  for  a  matter  of  less  weight  than  this,  and 
a  crime  of  less  importance  than   the  life  both 
oi'  prince  and  state ;  confession  received  a  deep 
wound   for  a  long  time,  more  than  a   thousand 
years  past,  in  the  church  of  Constantinople. 
For  God   forbid  that  matters  of  such  weight 
should  hang  by  such   feeble   threads.     But  to 
this  excuse  of  tenderness  in  the   point  of  con- 
fession, I    would   answer  by  making   a  great 
doubt,    Whether    this  course   of   conference 
were  a  confession   or  not ;  for  against  your 
bare   words,   which   eq invocation   supports,  I 
object  some  likelihood,  Tint  since  you  kneeled 
sometimes,   and     sometimes   wulked   up    and 
down  ;  since  matter  of  conspiracy  were  inter- 
laced with   matter  of  confession,  not  for  ease 
of  conscience  as  should  appear,  but  for  advice 
in   execution  ;   since  Greeuwtll  was  absolved 
instantly,  which  excludes  the  shift  of  reference: 
and  Grecnwcll  should  be  found  to  Ivc  to  the 
holy  Gho»i  in  rase  tin-,  wcic  a  true  confession  : 
in  promising,    Mr.  Garnet,  as  you  say,  to  dis- 
suade the  project  which  he  prosecuted  even  to 
the  last   point,   as    is  evident,  and   after  the 
powiler  camp   bruke  up  :    1  conclude  that  thov 
this  discovery  were  by  confession,  yet  it  was  no 
supersedeas   to   your   former  knowledge  from 
Cateshy  your  trusty  friend  ;  and  if  it  were  none, 
then  it  can  be  no  protection  for  faith  putrified. 
What   need  wc  seek   light   through   cob  we  I  >- 
lawns,  when  the  drift  of  vour  wliolc  device  in 
seeking  to  conclude  from  one,  what  you  learned 
of  another,  and  from  all  wh.it  you  alloc  ted  and 
abetted  in  your   heart,  doth  evidently   prove 
your  counsels  to  have  boon  carried  along  with 
such  a  temper  of  rescrvedness,  as  whensoever 
mischief  should  be   brought  to  light,  the  world 
might   rather   wonder  at    your  cautiou,   than 
commend  your  fidelity. 

By  shaping  such  weuk  Answers  to  Demon* 
strations  so  manifest,  you  must  either  work  by 
the  ring  of  Gyges,  in  making  your  audacity 
and  presumption  invisible,  or  hold  a  very  weak 


253] 


STATE  TRIALS,  4-  James  I.  1606.— in  tfte  Gunpowder  Plot. 


[254 


conceit  of  oor  capacities,  in  supposing  that 
ti)*y  can  l>e  cither  dazzled  or  deluded  by  such 

tur  sophistry.  For  though  you  pretend  to 
ve  received  a  deep  wound  in  conscience  at 
the  first  revealing  of  the  plot,  to  have  lost  your 
sleep  with  vexation  of  spirit,  to  have  ottered 
and  prayed  to  God  for  lus  preventing  grace,  to 
have  required  Green  well's  help  and  furtherance 
in  crossing  and  diverting  the  design ;  yet  all 
this  while  you  suffered  the  project  to  proceed, 
tou  helped  and  assisted  their  endeavours  that 
•ere  labourers,  you  wrote  earnest  letters  both 
lo  Baldwin  and  to  C  res  well  for  their  further- 
ance of  ordinary  means ;  you  gave  order  for  a 
prayer  to  be  said  *  by  Cathohcks  for  their  pros- 
perous success ;  you  kept  measure  with  the  two 
irst  dimensions  of  fryur  Bacon's  brazen- head  ; 
Time  is,  Time  was,  till,  thanks  be  to  God,  the 
third  Time  was  past :  you  had  ever  an  ear  open 
to  listen  tor  the  crack,  and  were  in  the  same 
a;ony  for  the  Powder-Plot,  that  Charles  5  was 
iur  the  pope's  duress,  giving  order  in  all  his 
dominions,  that  prayers  should  be  made  for 
4ris  release,  when  in  the  mean  time  he  kept  and 
held  han  in  his  own  hand  prisoner.  The  least 
word  of  your  mouth,  or  labour  of  your  pen, 
might  have  secured  both  prince  and  state, 
while  you  pretend  to  have  broken  both  your 
sleeps  and  your  brains,  aud  that  with  a  greater 
advantage  to  the  cause  which  you  would  ad- 
vance, than  can  ever  grow  by  combustion  and 
conspiracy.  But  your  tenderness  lierein  was 
tunable  with  another  dutiful  desire  of  yours  to 
dissuade  Cate*by  irom  the  plot,  at  his  coming 
into  Warwickshire,  who  never  meant  to  come 
ituthert  but  as  to  the  rendezvous,  when  the 
frfuiuunent  had  lieen  blown  up,  and  the  storm 
had  been  blown  over.  It  may  he  that  your 
mind  was  perplexed  and  disquieted  upon  the 
meditation  of  strange  events ;  for  so  was  the 
mind  of  Cain,  AchitophcJ,  and  Judas  that  l>e- 
'trayed  hi*  master;  the  reason  is  very  pregnant 
io  the  word  of  God  itself,  That  rum  sit  timida 
ntyititia  dut  testimonium  eondemnationis,  since 
wickedness  is  cowardly  and  timorous,  it  gives 
ctuleuce  of  condemnation  against  itself;  et 
temper  prtrtumit  xttva  ptrturbuta  contc'icntia  : 
hn  Sutuu  prevailing  his  aupeU  execute. 

I  will  now  conclude  this  address  to  you,  Mr. 
(iaruei,  by  observing  some  s}>ecial  paints  how 
atrangelv  aud  preposterously  the  devil  in  his 
iatt  Project  of  Powder  hath  altered  his  old  pro- 
perties. For  tlie  curse  that  God  laid  upon  the 
Nrrpent  after  the  first  transgression,  was  ut 
gradirtlur  super  ptctus  tuu/n,  to  creep  upon 
iii»  breast :  but  now  we  rind  him  mounted  upon 
the  wings  of  an  espraie  to  the  highest  region 
of  the  air,  and  among  the  tire-works.  I  he 
'iiher  part  of  his  curse  was,  that  he  should  cat 
Puhereui;  that  is,  dust  or  powder :  hut  now 
•'ace  Sodom  was  destroyed  hy  sulphur,  mid 
(he  wife  of  Lot  transmuted  into  suit,  the  proper 
material*  of  that  mean  hy  which  Satan  wrought 
in  tins  hot  fire  ;  it  appears  thut  the  Serpent  from 
toting  powder,  winch  was  a  plain  dev'cc,  fell, 
fa  a  worse  purpose,  Co  snutf  gunpowder.  Then 
the  serpent  dia  insidiari  cakanec,  now  capiti, 


from  which  the  body  draweth  both  sense  and 
influence.  Then  he  began  to  Eve,  with  a  mo- 
dest question,  Cur  pracepit  Deus  ¥  Why  hath 
God  commanded  ?  now  with  a  resolution,  pracc- 
pit  Dcut,  God  hath  commanded.  His  words 
in  those  carried  a  flourish  of  great  comfort, 
Ncquaquam  morietuini,  but  now  terror,  Mori- 
em  mi  :  fur  a  great  advantage  destroy  them  all. 
The  deiil  at  that  time  did  onlv  nibble  about 
the  text  of  holy  writ,  tanquum  mm  ponticus,  as 
Tcrtulhan  terms  Marcion :  but  now  he  draws 
the  grounds  of  equivocation  concerning  princes 
lives  out  of  the  very  scripture  and  by  scholasti- 
cal  authority.  Satan  tempted  Christ  with  a 
fair  offer,  dandi  omnia,  of  giving  all  upon  the 
top  of  the  pinnacle:  but  now  he  sets  upon  the 
great  lieutenant  of  God's  authority  and  dignity, 
with  an  auj'eram  tibi  omnia,  both  life  and  crown, 
ex  penetraiibus  ubi  Christus  non  e$t,  as  we  are 
taught  by  his  evangelist.  The  dragon's  ambi- 
tion extended  no  further  than  the  sweeping 
away  with  his  tail  of  the  third  part  of  the  stare 
in  the  firmament :  but  now  the  plot  of  him  and 
his  disciples,  was  to  sweep  away  the  sun,  the 
moon  and  the  stars,  both  out  of  Stnr-C  number 
and  parliament,  that  no  light  be  given  in  this 
kingdom  to  the  best  labourers.  In  the  time  of 
Saul,  the  devil  was  so  modest,  as  to  suspend 
his  illusions  and  oracles  till  the  visions  ot  the 
prophets  begsm  to  cense  :  but  now  though  we 
have  both  Moses  and  the  prophets  el  jirmiorcm 
sevmonem  prophetic  urn  y  yet  he  rustles  among 
the  robes,  it  maud  it  a  J'andit  oracuta.  In  the 
beginning  of  the  Christian  church,  the  very  name 
of  Christ  was  sufficient  t<>  make  Satan  pack, 
and  to  quit  the  possession  of  torment e  I  men  : 
but  he  hath  learned  a  more  cunning  trick  of 
late,  under  the  banner  of  Christ  to  tight  against 
the  lieutenants  of  his  imperial  majesty.  Jn 
one  point  I  find  no  change;  that  i«,  in  labour- 
ing and  working  hy  all  means  to  draw  men 
from  their  trust  in  God'*  direction,  to  a  tickle 
kind  of  confidence  :n  themselves,  and  their  own 
weak  knowledge  of  good  and  ill.  And  as  tint 
error  was  the  cause  of  Adam  a  exile  from  Pa- 
radise which  was  hurt  us  eonctusus  ;  so  had 
such  another  almost  divided  us  and  our  heirs 
both  from  our  lives  and  t:tues:  Et  penitus 
toto  divtsos  orbt  Brilannos. 

1  have  stood  the  longer  on  this  point,  to  let 
ycu  know  how  icily,  and  yet  how  wilfully  you 
strive  both  against  the  providence  of  God,  and 
the  justice  of  the  land,  Qua  tuo  te  jugvlavit 
fitaaio  :  The  more  you  Lihour  to  get  out  of  the 
wood,  having  onre  lost  the  right  way,  the 
further  you  creep  in.  For  the  wisdom  of  the 
woild  is  lolly  Ik  lore  God:  and  impossible  it  is, 
that  those  counsels  or  proceedings  should  either 
have  good  proof  in  this  world,  or  reward  in 
the  next,  that  arc  emhrued  with  blood,  and 
pursued  with  tvrannv.  If  then  there  be  no 
other  way  to  heaven  than  by  the  destruction  of 
God's  anointed  and  their  heirs,  1  will  conclude 
with  you,  Air.  Garnet,  as  Constnntius  did  with 
A«cesitis,  Krtgtto  tibi  sen  taw,  et  in  art  am  solus 
uscetuhto ;  Set  up  a  ladder  for  yourself,  and 
climb  up  to  heaven  alone ;  for  loyal  minds  will 


253]    STATE  TRIALS,  *  James  I.  160fi.- 

not  suit  themselves  with  such  bad  company. 
The  worst  1  wish  to  jour  person  standing  now 
to  be  convicted  W  the  bur,  is  remorse  and  re- 
pentance for  the  safeguard  of  your  soul ;  and 
for  tbe  rdt,  Fiat  jattitia,  currul  Ur,  it  vincat 

Hereunto  Garnet  said,  That  he  had  done 
mire  than  lie  could  excuse,  and  he  had  dealt 
plainly  with  them,  hut  he  was  bound  li>  keep 
tin  secrets  of  Confession,  and  to  disclose  nothing 
thai  he  heard  in  Sacramental  Confession. 
Whereupon  the  earl  of  Nottingham  asked  him, 
if  one  confessed  this  day  to  him,  rlial  lo-nmrrow 
morning  be  meant  to  kill  the  king  with  n  dag- 
ger, it' he  must  conceal  it?  Whcn-uiit-i  Gurnet 
answered  that  lie  must  conceal  it.  Then  the 
earl  ut"  Salisbury  desired  liberty  of  him  to  ask 
him  siiuic  questions  of  the  nature  of  confes- 
sion. Garnet  Mid,  His  lordship  might,  and  he 
would  answer  him  us  well  us  he  could.  Why 
then  (said  he)  niust  there  not  be  confession. 
and  cotitriiion  In-fore  absolution  ?  Ye*,  said 
Garnet. — Then  he  deniuiided  whether  Green- 
well  were  absolved  by  him  or  no  >  Garnet  said, 
He  was. 

The  Karl  then  asked  him,  What  Green  well 
had  dime,  In  shew  that  he  MH  sorry  for  it,  and 
whether  did  he  promise  to  desist?  Ganiel 
answered,   that  Grccnwell  stiil,  lm  would  do 

To  that  the  Karl  replied,  tint  it  could  not  be 
10  ;  fur  us  soon  as  L'utcsl-v  mi'l  1'ercy  were  in 
arm,,  Grcenwell  came  tu"  the  1.1  tioiu  Garnet, 
and  ».>  went  from  them  tn  Hall  at.  .Mr.  Ahine- 
lon's  house  inviting  them  Mint  earnestly  tu 
e>ime  and  assist  th>ise  gentlemen  in  Ihul  ac- 
tum. Hereby,  Biiitli  he,  it  appears,  that  i  iiher 
G re vil well  told  you  out  ul  cntite'siim,  and  thru 
there  needs  no  sterccv;  nr  if  it  wire  in  con- 
fession, he  professed  no  pi  nitency,  and  there- 
fore von  could  not  Brooke  him.  To  which  the 
cnrl  added,  That  this  one  circ  mil  stance  lmisl 
^•■•1 1  bo  reuienibered,  and  caiini.t  be  cleared; 
That  nhen  Grecnwcll  told  you  what  Cutcsby 
mciint  in  pti  titular,  and  you  then  called  li> 
mind  also  what  Liileshv  had  spoken  tn  you  in 
the  general  before,  if  you  hud  nut  been  «n 
desirous  to  have  the  plot  t.'ike  effect,  ynu  might 
have  disclused  it  out  of  your  grown  I  knowledge 
from  Cutesby :  but  wheo 
deliver  yon  the- '" 


-Trial  of  Hairy  Garnet,  a  Conspirator  [238 
die  epcuud,  he  said,  Tlint  lie  was  only  glad 
tlui  i  the  world  might  tins'  «ee,  that  Jesuits  were 
condemned  by  Jesuits;  and  treason  and  trai- 
tors hid  n.iki;d  by  tlie  traitors  themselves :  yea, 
Jesuits  by  that  Jesuit,  that  governs  all  Jesuits 
here,  and  without  whom  no  Jesuit  in  England 
can  do  any  thin;. 

Garnet  (us  it  should  seem)  being  here 
migiilrly  uuched  with  remorse  of  his  olfenr-e, 
[irayeii'Goil  and  tin;  kins,  I  hat  other  Catholics 
mighl  not  fare  the  worse  fur  his  sake. 

Then  the  earl  of  Salitbury  snid,  Mr.  Garnet, 
is  it  not  a  lameutnble  tliiiia,  that  if  the  Pope  or 
Claudius  Aipinviva,  or  yourself,  enmniand  poor 
any  thing,  Lluit  thcyroust  obey  you, 
though  it  he  to  endanger  both  body  und  soul.' 
And  if  yuil  maintain  such  doctrine  among  you, 
how  can  i '  e  king  be  safe  Ms  it  not  time  there- 
fore, the  king  and  the  state  should  look  lo  yon, 
that  spend  your  time  thus  in  his  kingdom  i 

(iainct  said  very  passionately.  My  lord,  I 
wmdd  to  Trod  I  had  never  known  of  the  Pow- 
der-Treason. 

L.  (,'.  J,  Garnet,  you  ere  Superior  of  the 
Jesuits ;  and  if  you  forbid,  must  not  the  rest 
obey?  WttS  notOreenweU  with  you  half  anhour 
at  nr  Litrjrd  Digby's  liouse,  when  you  heard 

not  there 

ther?  Did  you  not  send  him  to  Hall,  to  Sr. 
Abitig ton's  liouse,  to  stir  him  up  lo  go  to  the 
rebels,  and  encourage  them  ?  yet  you  seek  (e 
colour  all  this;  hot  that's  hut  a  mere  shift  ill 
you.  And  notwithstanding  all  this,  you  said, 
No  man  living,  but  one,  did  know  that  you 
were  priiy  lo  it:  tlitu  helike  some  (hat  ore 
dead  did  know  it.  Calesby  mis  nevsr  from 
you  (as  the  gentle  unman  that  kept  your  house 
with  you   ritnfe-wdj  and   by  many  apparent 

pr.,..(..   in  l.ni  |.i..uni|iii.|in,  .(.u  ofi*   ■• 

eiery  particular  of  this  netioti,  and  directed 
and  commanded  the  actors  :  nay,  I  think  verily' 
you  were  the  chief  that  moved  it. 

Omiul  said,  No,  my  lord,  I  did  not. 
Then  it  was  exceedingly  well  urged  by  my 
L.  ('.  Justice,  how  he  writ' lus  letters  for  Win- 
ter,  Wright,  I'uwkes,  Baynniu,  and  Catesby, 
principal  actors  in  this  inutchless  Treason. 
Besides,  his  louWiip  told  hun  of  his  keeping 
Ma  two  Hulls  to  prejudice  the  king,  and  to  do 
other  mischief  in  the  realm;  which,  when  he 
iw  the  king  peaceably  to  come  in,  then  bong 
at  of  hope  to  do  any  good,  he  burnt  them. 
Here  Mr.  Attorney  caused  to  be  read  the 
Confession  of  Hull,  alias  Oldcome,  the  Jesuit, 
his  own  luuul  (which  he  said  was  Garni 
ionemmnn)  against  him;  wherein  he  con- 
that  Humphry  Littleton  told  him,  that 
.  _>sj  and  others  wen- son;  hurt  with  Powder, 
-.aid  that  he  was  exceeding  sorry  ttiit 
thing*  took  no  better  effect;  whereat  Hall 
wished  him  not  to  he  discouraged,  nor  to  njea- 
-  n  re  t.  lie  cause  by  the  event :  For  though  the 
.  i.  ■  ,  ,  ,  tribes  of  Israel  went  twice  by  the  ept- 
"  commandment  uf  God  atpuist  the  tribe  of 
attain,  yet  they  both  tunes  received  the 
So  Lewii  the  French  king  in  ha 


£37] 


STATE  TRIALS,  4-  James  I.  1G0G — in  the  Gunpowder  Plot. 


[253 


vnyojo  into  the  Holy  Laud  against  the  Infidels, 
wa*  overthrown,  and  his  whole  army  discom- 
fited, though  his  cause  were  good.  And  so 
likewise  the  Christians,  when  they  defended 
.Rhodes  ngainbt  the  Turks  lost  the  city,  and 
the  Turks  hud  the  upper-hand.  And  -this  he 
confessed,  and  applved  to  the  foot  of  Catcshy 
and  others  for  the  Powder-Treason  ;  and  s;iid, 
It  would  have  been  commendable  when  it  hud 
been  done,  though  not  before. 

Alter  this,  Mr.  Attorney  opened,  how  Fran- 
cis Trcsham,  a  delinquent  ttomauist,  even  in 
articulo  nioitis  (a  fearful  tiling)  took  it  upon 
his  salvation,  That  he  had  not  seen  Garnet 
ia  16  years  before,  when  Garnet  himself  had 
con] eased  lie  had  seen  him  of; en  within  that 
time ;  and  likewise,  that  Garnet  kiK.w  not  of 
the  Spanish  Invasion,  which  Cramer  himself 
confessed  also,  and  which  two  things  Tic&ham 
himself  had  fumierly  confessed  to  the  lords : 
Vit  for  :i  Recantation  of  these  two  things  upon 
his  death-bed,  he  commanded  Vavasor,  Iris 
man,  whom  J  think  (s.iid  Mr.  Attorney)  deeply 
guilty  in  cM>  Treason,  to  write  a  letter  to  the 
earl  of  S:;)»>hury.  And  to  shew  this  his  des- 
perate Kcoa  station,  Mr.  Trcsham's  Letter  was 
offered  f«>  he  read. 

But  before  the  reading  thereof,  my  lord  of 
Salisbury  said,  because  there  was  matter  in- 
cilent  to  him,  .ind  to  that  which  should  he 
read,  lie  thought  fit  to  say  something.  To 
which  purpose  he  said  his  de.-ire  was,  tiuly  tr> 
lay  open  what  cause  there  was  far  any  faitn  to 
be  given  to  these  men's  protestations ;  when 
they,  to  colour  their  own  impieties,  and  to 
fclauder  the  king's  justice,  would  go  about  to 
excuse  all  Jesuits,  how  foul  soever,  out  of  an 
opinion  that  it  is  meritorious  so  to  do,  at  «urh 
tiuie  as  they  had  no  hope  of  themselves.  Such 
is  it  to  be  doubted,  that  sir  Evcivrd  Digit's 
protestations  might  be  at  the  bar,  who  socuht 
to  clear  all  Jesuits  of  those  practices  which  they 
themselves  Lave  now  confessed  ex  ore  propria. 
That  audi  was  alsoTresluMn's  labour,  who  being 
visited  with  sickness,  and  his  wife  in  chanty 
fuftered  to  come  to  him,  this  Letter  was  ha'.rh- 
«d  by  them,  ami  signed  by  himself  some  low 
hours  before  his  death,  wherein  he  Lakcth  that 
upon  his  salvation,  which  shall  now  by  Garnet 
be  disproved. 

Then  the  Letter  was  read,  being  to  this  ef- 
fect: That  whereas  since  the  king's  time  he 
bad  bad  his  pardon,  ami  tint  to  satisfy  the 
lords  who  heretofore  examined  Inn),  he  hud 
accused  Garnet;  that  new,  he  bein-»  weak, 
desired  that  his  former  examinations  iiii(*ht  be 
called  in,  because  they  were  not  true ;,  and  set 
down  upon  his  salvation,  that  he  had  ii'.-l  seen 
Garnet  in  1G  years  liefore. 

Then  my  lord  of  Salisbury  sdirwed  and  sr»id, 
it  was  a  lamentable  thin^  :  f»r  within  th'-ce 
bouri  after  he  hud  done  this,  he  died  :  ai?d 
asked  Garnet  what  interpretation  he  made  of 
this  testamental  protestation  ? 

Garnet  answered,  It  mav  be,  mv  lord,  he 
meant  to  equivocate.  Here  was  the  F.\:ur.iir.i- 
tion  and  Confession  of  Mrs.  Anne  Tawkes  of- 

YOL.  II. 


'  fered  to  he  read,  also  to  confirm  Trcsham's  per- 
jury, who  confessed  that  she  had  seen  Mr.  Tre- 
.  sham  with  Garnet  at  her  house  three  or   four 
.  times  since   the   king's   coming  in,  and  divers 
tinus  before,  and  that  he  had  dined  with  him; 
■  and  that  Garnet  always  nave  him  good   coun- 
sel,   and   would    say   sometimes  to   him,  and 
1  others,  Good  gentlemen,  be  quiet;  for  we  must 
1  obtain   that  which  vou  desire  bv  praver.     She 
,  confessed   also,  that  they  were  at  Krith  toge- 
ther the  hist  summer. 

After  ail  this,   Garnet   being   demanded   if 
these   Examinations    were   true,  he    affirmed 
they  were.     And  then  were  his  own  Examina- 
tions likewise  read  to  the  same  effect:  where- 
in  he  both   confessed   the  seeing  of  Mr.  Trc- 
shain,  and  his  sending  into  Spain  about  an  in- 
vasion. 
!      Here  my  lo:*d  rf  Salisbury  concluded,  That 
that    which    was   said   of  Mr.   Trcsham,  and 
i  others,  was  not  done  against  charity  to  the 
•  dead,  but  upon  inevitable  necessity,  to  avoid 
I  all  their  slanderous  reports  and  practices;  for 
'  he    said    that   even   now   there   was    current 
throughout  the  town,  a  report  of  a  retractation 
under  Batr&*s  hand,  of  his  accusation  of  Green- 
well,  which  are  strange  and  grievous  practices 
to  think  upon.     But  this  day  shall  witness  to 
the   world,  that   all  is  false,  and  yourself  con- 
demned not   by  any   but   yourself,  your  own 
confessions  and   actions.     Alas  !    Mr.  Garnet, 
why  should  wc  be   troubled   all  this  day  with 
your  poor  man,  were  it  not  to  make  the  cause 
I  appear  as  it  descrvcth  ?  wherein  ( ind  send  you 
may  Ik?  such  an  example,  as   you  may  be  the 
last  nc*or  in  this  kind. 

Hereupon  my  Lord  Admiral  «aid  to  Garnet, 
:  that  he  hnd  done  more  good  thi*  dav  in  that 
I  pulpit  which  he  stood  in  (for  it  was  made  like 
i«uuto  a  pulpit  wj'rrein  he  stood)  than  lie  had 
,  done  nil  the  &Ay°>  of  his  life-time  in  any  other 

Then  was  :« '.other  Examinniion  of  Mrs. 
Anne  .Fawkes  re:ul,  wherein  she  confessed  that 
Mr.  Garnet  and  she  were  not  Ion?  since  with 
Mr.  Trchuni.  at  his  house  in  Northampton- 
shire, and  stayed  theic. 

Alter  this,  my  lord  of  Salisbury  said;  Mr.( 
Garnet,  if  vou  have  not  yet  done,  I  would  have 
vou  to  understand,  that  the  king  hath  coin- 
iiiaiidtd,  that  whatsoever  made  tor  you,  or 
ni^iust  you,  all  should  he  read,  and  so  it  is  ; 
and  we  take  of  you  what  you  will.  This  gen- 
!  tie  woman  th.'t.  r.ecms  to  ^peak  for  you  in  her 
(."out"  scions  1  think  would  sacrifice  hei  self  for 
you  t-»  do  you  good,  and  you  likewise  for  her  : 
thoifcfnrc,  "good  Mr.  Garnet,  whatsoever  you 
have  to  saw  sav  on  in  God's  name,  and  you 
shall  be  hp»rd. 

Tist n  Gurnet  df sired  the  Jury,  that  they 
would  allow  of,  and  believe  those  things  he 
had  denit-d  and  alarmed ;  and  noc  to  -live  credit 
unto  tliO»e  tlinps  whojeof  there  was  no  direct 
proof  squill _t  him,  nor  to  condemn  lit:n  by 
cueumstuiu'cs  or  prescription*. 

'Jlie  earl  of  Salisbury  dem.-i'dcd  :if  h:m,  say- 
in.?,  Mr.  Ga-.i.tt,  is  this  all  yeu  have  to  say.?  u 

5 


251TJ   STATE  TRIALS,  4  James  L*  1(506.— Trial  of  Henry  Garnet,  a  Conspirator   [260 


it  be  not,  take  your  time,  no  man  shall  inter- 
rupt you. 

To  whom  Garnet  answered,  Yea,  my  lord. 

Mr.  Attorney  humbly  desired  all  the  Lords 
Commissioners,  that  it*  he  had  forgotten  to 
speak  of  any  thing  material,  that  their  lord- 
ships would  be  pleased  to  put  him  in  mind  of 
it;  who  was.  assured  by  my  lord  of  Salisbury, 
that  he  had  done  very  well,  painfully,  and 
learnedly. — Then  Mr.  Attorney  desired  the 
Jury  might  go  together,  who  upon  h's  motion 
going  together  forth  of  the  court,  within  less 
than  a,  quarter  of  an  hour  returned,  and  found 
Henry  Garnet,  Guilty. 

Whereupon  Mr.  Serjeant  Crooke  prayed 
Judgment. 

Then  Mr.  Wnterhouse,  the  clerk  of  the 
crown,  demanding  what  he  could  say  for  him- 
self, why  Judgment  should  not  be  given  against 
him  ? 

Garnet  made  answer,  that  he  could  suv  no- 
thing,  hut  referred  himself  to  the  mercy  of  the 
king,  and  Qpd  Almighty. 

The  following  report  of  the  Speech  of  the  Earl 
of  Northampton  exceeds  the  proportion 
wherein  it  was  first  uttered,  and  is  now  in- 
serted as  it  was  afterwards  amplified  and 
enlarged -In-  the  Earl,  when  he  delivered  it 
to  the  Bookseller : 
Earl  of  Northampton.  Though  some  of 
Plato's  followers,  and  tho«enot  of  the  meanest 
rank,  have  rather  apprehended  in  conceit, 
than  demonstrated  by  straight  lines,  that  no- 
thing is  which  hath  not  been  before  :  if  it  were 
possible  to  take  right  observations  out  of  true 
records,  and  that  all  counsels  and  attempts  as 
well  as  Configurations  and  Aspects,  return  as 
it  were  *  ex  postliminio,'  by  revolution  to  the 
point  from  whence  they  first  began  :  yet  if  m^ 
Ephimerides  fail  me  not  in  setting  up  the 
Figure  of  this  late  intended  Plot,  I  may  confi- 
dently pronounce  with  a  grave  senator,  '  Ke- 
•  pertum  esse  hodierno  die  facinus,  quod  nee 
'  poeta  fingere,  ncc  histrio  sonare,  nee  mimus 
'  nnitari  potent/  So  desperately  malicious,  and 
$o  unkindly  and  unseasonably  fruitful  is  our 
age  in  producing  monsters,  when  the  force  and 
tieat  of  charity  decays,  and  so  violent  are  the 
damned  spirits  of  Satan's  black  guard  now  be- 
fore the  winding  up  of  the  last  bottom  of  ter- 
restrial affair?,  in  spinning  liner  threads  of 
practice  and  conspiracy  under  the  mask  of  j 
piety  and  zeal,  which  the  Spirit  of  Truth  term- 
eth  most  significantly,  *  Spiritualis  ncquitia  in 
'  co?lestibus.' 

Upon  this  ground  I  am  moved  at  this  instant, 
Mr.  Garnet,  to  address  mv  discourse  to  you,  ■ 
not  s»o  much  in  respect   ol  your  own  person, 
'  ant  quia  te   nostra  spermi   prece  po«*i'  mo-  I 
'  veri\t hough  from  my  hcai  t  1  pity  the  *hafnHur* ' 
shipwreck  of  your  obedience   and   conscience  , 
upon  so  false  a  sand)  M  for  their  sakes   that  ■ 
Lave  not  yet  learned  in  our  Saviour,  that  in  one 
-element  a  man  cannot  *  duohus  servire  domi- 
1  nis  :'  and  withal  in  the  king  bur  sovereign's 
behalf,  to  exact  at  your  bands  (that  hold  the 


hearts  of  many  followers  by  iease  for  life)  a  pre- 
cise account  of  the  lives  of  all  those  Cast-nwavs. 

w         9 

4  Quos  vel  apud  te  perditos  invenit  vel  per  te 
*  perdidit.'  For  either  you  that  are  an  object 
uuto  many  watching  eyes,  may  be  drawn 
by  God's  grace  working  with  my  charitable 
wishes,  to  lament,  not  the  bad  success  (for  so 
do  men  that  are  desperate)  but  the  wicked 
purpose  and  intent  of  this  crying  sin  (which  is 
proper  only  to  the  penitent)  or  be  brought  so 
far  at  the  least  oat  of  the  black  deeps  of  indur- 
ation, with  the  mother  of  Petrus  ■  Lombard  us,, 
as  to  be*  sorry  that  you  cannot  be  sorry. 

The  streights  of  tune,  the  length  of  the  trial, 
and  the  weariness  of  the  auditors,  may  be  and 
are  great  discouragements  to  such  a  Discourse 
as  craves  time,  and  were  better  not  begun  at 
all,  than  not  perfected.  But  since  the  Law 
and  Prophets  in  this  case  in  hand,  stand 
chiefly  as  the  ground-work  of  deposing  kings, 
and  absolving  subjects  from  the  right  which 
they  owe  to  their  own  natural  and  lawful  so?e- 
reigns  by  the  laws  of  God  and  man,  I  si  mil  be 
forced  in  dischaige  of  my  duty  at  tins  instant, 
to  borrow  so  much  time  of  these  attentive 
hearers,  as  must  be  payed  again  forthwith  to 
the  ser\  ice  of  the  state:  for  otherwise,  '  va 
'  mihi/  as  the  Prophet  threatens,  *  quia  tacui  :* 
and  yet  we  may  conclude  with  another  of  the 
same  rank,  that  '  etiamsi  ego  tacuero,  clama- 
bunt  lapides/ 

JJnt,  first,  I  am  to  let  both  you  and  the  whole 
world  know,  that  you  are  not  called  this  day 
to  the  bar  for  any  matter  of  your  Conscience, 
as  some  perhaps  may  publish  out  of  rancour 
or  perversity  of  heart,  to  set  a  fairer  gloss 
upon  the  pound  of  your  profession.  Since 
the  first  time  oY  your  coming  to  the  Council- 
board,  you  have  not  been  so  much  as  asked 
any  question  about  the  places  of  your  resort, 
the  Mippnrtiv's  of  your  employment,  or  the 
menus  of  your  maintenance,  before  the  Pow- 
der-project, which  hath  no  kindof  nihility  with 
religion  or  caution,  hut  with  fury  and  implaca- 
bility came  to  be  resolved  on  by  a  pack  of 
Bou'eftux :  though  you  cannot  be  ignorant' 
what  the  Parliament  hath  decreed,  and  sunie 
prisons  of  your  Society  have  suffered  in  the  late 
Queen's  time,  for  presuming  to  exercise  a, kind 
of  jurisdiction  within  this  realm,  that  neither 
policy  of  state  can  admit,  nor  allegiance  can 
justify.  I  will  a:ld  somewhat  more  for  the 
greater  improvement  of  the  king's  mercy,  and 
the  more  just  airirravation  of  vour  ingratitude: 
You  are  not  pressed  to  any  peril  of  your  lift", 
with  publishing  those  Bulls  which  in  the 
Queen's  time  neither  had  (a*  by  Confession 
appears)  nor  con  Id  have  other  etui  than  the 
forestalment  of  the  kiwi's  lawful  claim,  when 
the  fruit  shall  fall  from  the  wasted  tree,  aud  the 
fainting  sun  (whose  beams  about  that  time 
begun  to  wax  both  dim  and  waterish)  must  of 
necessity  set  in  our  hemisphere. 

The  king's  free  Pardon  (which,  as  the  timet 
stood  then,  should  have  called  for  a  '  melius 
'  inquirendum/  before  it  liad  found  passajfe 
wiilrout  obstruction  of  any  doubt)  was  apptitef  I 


801] 


STATE  TRIALS,  4  James  I.  1606.— in  the  Gunpowder  Plot. 


[202 


by  you,  and  other  of  your  ghostly  complices,  to 
many  festered  and  filihy  ulcers  of  this  kind. 
By  this  free  Pardon  (so  far  as  you  have  not 
since  relapsed  into  worse  attempts)  even  your- 
self, Mr.  Uarnet,  stand  at  this  present,  '  rectus 

*  in  curia :'  wherein  though  it  Lecoiue  me  not 
to  descant  about  the  measures  and  proportions 
of  my  master's  infinite  grace,  yet  I  may  tax 
you,  for  the  bad  requital  of  so  high  a  benefit, 
and  lament  the  king's. misfortune,  that  like  an 
eagle  was  in  so  great  peri!  of  receiving  wounds 
(almost  to  the  death)  by  the  quills  of  his  own 

'•clemency.  These  are  hot  the  true  ground*, 
nor  proper  motives  of  your  standing-forth  ;  but 
your  art  in  cherishing,  your  malice  in  encou- 
raging, your  impiety  in  strengthening  a  kind 
of  practice,  never  heard  nor  thought  upon 
before  in  any  age,  against  the  life  of  the 
most  gracious  and  just  King  that  ever  reigned 
on  either  side  of  Trent ;  of  a  Queen  re- 
nowned both  for  her  own  worth,  and  for 
her  happy  fruit-;  and  of  a  prince,  whom 
without  ostentation  I  may  be  bold  to  call,  the 
sweetest  and  the  fairest  blossom  that  ever 
bedded,  either  out  of  the  white  or  the  red 
Rosary.  God's  law  forbids  a  man  that  would 
live  long  and  see  cheari'ul  days,  to  destroy 
1  matreui  cum  filiis/  even  in  those  creatures 
that  are  not  images  of  the  Deity :  but  you,  Mr. 
Garnet,  out  of  your  anointed  influence  of  su- 
perabundant, gracr,  endeavoured  your  best 
and  uttermost  to  bruise-  the  .very  nest-egg  of 
this  royal  and  high-flying  airey,  if  it  h.id  been 
possible:  peers,  bishops,  knights,  burgesses, 
judges,  Serjeants,  and  all  sorts  of  officers  were 
drawn  iu  by  a  writ  of  '  Corpus  cum  causa'  to 
this  *  feu  de joy/  that  it  might  blaze  more  gal- 
lantly. It  is  not  the  wearing  of  a  crucifix, 
.  which  you  compare  to  die  sign  of  Tan,  that 
could  have  secured  any  of  your  own  affection, 
if  they  had  been  left  unwarned,  though  it  had 
been  hallowed  at  Rome.  No  relique  (instead 
of  the  red  List  that  was  a  token  or  protection 
to  Jlahab  and  her  family)  could  have  distin- 
guished a  Catholick  from  a  Protestant,  when 
Guy  Fawkes  had  the  match  in  his  hand.  No 
kind  of  holy  grains  could  have  added  the 
weight  of  one  grain  to  the  reputation  of  any 
Romanist,  after  once  the  hand  of  Greehwell 
had  written  the  sense  of  the  Hebrew  word 
■'ThekelT  upon  the  wall,  (that  is)  '  Appensi  in 
'  statera,  inventi  sunt  minus  habentes/  being 
weighed  in  the  scales  of  your  schools,  should 
have  been  found  over-liglit  in  the  balance. 
Your  end,  as  I  imagine,  was  according  to  the 
threats  of  the  Stoicks  to  purge  tins  world  by 
fire,  or  in  some  way  wjth  Democritus,  to  create 
a  new  world  '  ex  atomis  :'  or  because  Catesby 
did  set  Thomas  Percy's  offer  light,  which  was 
'  tollere  unum/  your  desire  was  by  this  one  act 

*  tollere/  not  the  man  but  humanity,  not 
'  unuin'  but  unity.  The  Plot  whereof  Livy 
speaks,  of  dispatching  the  whole  Senate  of 
Rome  in  an  hour;  the  Device  at  Curtbage,  to 
cat  off  one  whole  faction,  by  one  enterprise  : 
the  Conspiracy  of  Brutus  and  Cassius  to  kill 
C<E»ax  in  the  senate  :  the  project  of  destroying 


6ne  Conclave,  the  greatest  part  of  the  cardi- 
nals :  the  Sicilian  Evensong,  and  the  Parisian 
Mattins :  nay,  the  wish  of  Nero,  that  Rome 
had  but  one  head;  which  he  might  cut  off  at 
one  blow,  came  far  short  to  the  mischief  of  this 
invention,  which  spared  neither  ape,  sex,  nor 
degree.  And  therefore  1  confess,  if  Catesby 
your  disciple  were  alive,  thus  far  he  might 
vaunt,  an^l  without  exception,  that  he  had^ur- 
mounted  and  transcended  Catiline  in  the  sphere 
of  his  own  treachery.  But  thus  we  learn  by 
Tertullian,  that  « favos  etiam  vespae  faciunt/ 
Wasps  as  well  as  bees' make  combs,  though  in- 
stead of  honey,  we  find  gunpowder. 

Surely  this  was  not  the  Fire  that  appeared 
unto  .Moses  in  the  burning  Bush:  it  was  not 
the  fire   that  should   purge  the  Sons  of  Levi, 
though  your  Levites  conceived  so  :  it  was  not 
that  Fire  which   was  cast  into  the  world  by 
Christ,  with   a   purpose  that  it  might  burn  : 
It  was  not  that,  by  which  men  should  be  saved 
that  build  over  weakly  upon  the  true  founda- 
tion of  faith.     But  it  resembles  more  lively 
that  false  tire  which  .began  to  glimmer,  '  Post 
'  commotionem,  quando   in  commotione  dor 
'  erat  Dominus.'     It  is  like  to  that  strange  Fire 
which  Nadab  and   Abihu  would  have  offered 
upon  God's  Altar,  widi  a  zeal  that  was  prepos- 
terous :    it  hath  the  wasting   quality   of  that 
Wildfire,  which  issuing  *  ex  rhaumo,'  out  of  the 
bramble,  would  have  destroyed  the  stately  ce- 
dars of  Libaaus.     Nay,  to  speak  properly,  or 
draw  nearest  to  the  nature  of  that  quick  dis- 
patching fire,  which  you  and  your  disciples^  Mr. 
Gamer,  utterly  despairing  to  draw  down  frora 
heaven  (because  you  know  that  such  a  like  de- 
mand received  a  repulse,  whilst  Christ  was  con- 
versant on  earth,  among  your  betters)  sought 
by  a  trick  to  obtain  at  the  hand  of  Satan  (the 
great  master  of  the  Fire-works)  and  as  the  Poet 
writeth,  '  Flectere  cum  nequcas  superos  Ache-, 
'  ronta  movebas.'     But   God  wrought  so,  that 
by  this  Fire  (since  '  per  ilium  fides  proborum 
'  collucet')  the  faith  of  subjects  that  are  dutiful 
doth  shine  more  brightly,  and  the  State-wins 
honour.      Look   not   now  therefore  that   the 
Ladies  of  Israel  shall  meet  you  with  their  tim- 
brels in  the  honour-  of  this  attempt :  for  all  ac- 
tions are  not  praise- worthy,  which  some  persons 
of  your  profession  study  to  enamel  widi  pre- 
tence of  godliness.     In   thinking  of  Telema- 
chus,  we  set  little  by  Astyanax  :  easily  may  af- 
fections wander,  where  the  rules  of  conscience 
do  shift:  and  we  find,  that '  umbra'  is  not  ever 
c  eo  major  quo  serior  :*  but  if  bloody  passions 
can  thus  far  prevail  *  in  arido*  what  hope  is 
there  of  better  proof  4  in  viridi/  which  iw  com- 
parison is  but  '  Hnum  fumigansr'  You  seek  to 
raise  your  glory  out  of  your  sin,  but  '  quaj  est 
'  gratia  }'     What  thank  is  it  to  you,  according 
to  the  demand  of  an  Apostle,  if  for  your  evil 
deserts  you  suffer  stripes  ?  for  what  the  Jews 
objected  to  our  Saviour   (though  impudently) 
we  dare  speak  truly  and  confidently  to  all  those 
that   were   privy  to   this  pack  with  you,  that 
'  Non  de  bono  opere  lapidautur,  sed  de  bias- 
'  phemia/    Saint  Augustine  spcaketh  of  some 


263]  STATE  TRIALS,  4  James  I.  1  GOG. —Trial  of  Hwry  Garnet,  a  Conspirator   ['204 

hot-headed  fellows  in  his  time,  that  notwith- 
standing choir  life  led  in  this  world,  '  more  la- 
'  troiium,'  yet  in  their  ends  affected*  rulium  tt 

*  hnnorem  martyrum  :'  among  whom  1  th-ili 
ever  rank  (with  just  cause)  tncsc  Powder- mc-ii. 
But  if  as  saint  Peter  s.uth,  4  Bene  facicntes  pa- 
'  tienter  su.-tinctis  Cvhich  is  far  from  the  ra«e 
of  your  hot  tpirit^  *  him  eat  a  pud  J)cuui  gra- 
'  tia,'  which  your  pm/pcts  merit  not.  Tlu-ac 
are  perhaps  the  days  wi.ich  Nabal  meant,  com- 
com  plaining  '  hodie  iucrchuissc  servos  qui  fu- 
'j'i'.int;*  nay,  which  i>  u-orfr,  'qui  per>e^ii- 
€  main*  Dominos:'  .tad  therefore  if  yon  will 
not  Icain  <f  iial.^uu,  to  beware  of  speaking 
more  th.tn  ; hsit  which  Cod  ptittcih  into  your 
inouth:  jvt  how.so.  \cr*  pulsions  may  spur  you 
forward,  l;:;rii  of  'Jala-mi's  As*  to  shrink  when 
you  find  tlje  An^el  of  Cod's  wrath  opposed, 
U:->t  v.j  Ahita:.il  pj.ako  iviiuioitily  and  widely  to 
li'n;  David, i  «.uiu  jii.jis  udieucri!,'  wheu  1;l\:i1i 
&hail  approach,  wh>  >iauds  upon  t.ie  ti  nshoM, 
and  briiiiip  to  ki:-#i.k  at  tiie  d-ior  of  jour  ln.-ari, 
1  sit  til'i  in  ^in^umen,'  it  c.iu.m-  you  in  .->i«:h  in- 
wardly, not  e  qaod  ciludcris,  sod  quod  elfnndc-re 

*  voluc;is,*  not  f-ir  hating  shed,  but  because 
you  would  have  5.hcd  Hood  that  is  nc.st  inno- 
cent. 

How  well  the  Project  of  supplantim:  Prin- 
ces, and  suhviriiM^  Siate?,  aniee-*  either  with 
the  title  •  >!"  ^Jesuit,  or  the  duty  of  a  Piic.-t, 
who  should  rather  temper  passion,  than  dis- 
claim chaiitv;  the   Pharisees  themselves   c\- 


I 


rcss  in   teaching  '  uon  liccre,'  that  it  wa»  not 

awrul  for  them  to  kili  any  man ;  much  less  would 
they,  as  it  is  more  than  probable  in  the  warp  of  their  lab. mix,  culliiii!  them  '  Wsa  iniiputatis. 
youth,  when  their  !■  dr  lic^aii  to  wax  as  unite  '  k  b«  ll.nti.i/  i  nciv  protest  that  both  you  and 
:ts  snow,  have  taken  eyes  into  tlwir  Iliads  like 
hurninz-sdasses  to  t»ivc  lire  to  this  train  :  a;ai 
yet  Trurh  itself  hath  said  (which  boll)  *idi.» 
must  believe)  that  unless  our  riplm.oiiMU-  ,  cn- 
ceeds  theirs,  \v»-  must  not  expect  to  be  heirs  of 
eternity.  It  will  be  Joiu:  before  seme  of  you 
can  protest  with  Paul,  that  you  an-  *  nu:.ii!i,' 
clean  and  pure  from  all  nun's  blood,  or  wirii 
Gregory  to  Mauritius  tlw  Kmpcror,  ti..ii  i&«- 
wouiil  never  'misccrc  sc  in  c  uiiwjuam  iihtk  m." 


that  the  Protestants  accord  with  the  Cntholicks 
in  more  points  of  Faith  and  grounds  of  Doc- 
trine at  this  day,  than  those  of  Sicheiu  did  with 
Jacob  and  his  fainilv.  Cv  resolving  this  pas- 
sai:t»  into  pari-,  we  shall  find  a  <jreut  rcseni- 
I  dance,  both  in  the  po"»nt  of  fact,  and  in  the  reso- 
lution otYmht  with  this  present  case, upon  which 
we  have  rca-ou  to  fix  both  our  eyes  and  obser- 
vation.  For  first,  Jacob  out  of  conscience  and 
humanity  re;>orves,  *  Nou  iturani  aniuvini  suam 
'  in  coueilio  J.e\i/  that,  his  soul  fhonld  never 
march  in  the  council  of  Levi,  '  Nee  in  cintu  il- 

*  loruin  fuliiram  {•loriain/  nor  his  honour  »hine 
in  their  society  :  What  is  the  reason?  Because 
in  their  race  ti.ey  have  slain  a  man  (much  less 
than  the  destruction  of  a  prince  with  his  poste- 
rity and  wlioie  estate)  *  Et   in  inalilia  suftode- 

*  rum  murum,'  and  in  their  malice  diii<:ed  rlmva 
a  wall ;  which  in  my  ojiinion  either  misseth 
Itanity  one  hair,  or  very  narrowly,  your  pro- 
iect*s  invent  ion,   in  dinvLinj!  at  the  wall  of  tin; 

•7  s  * 

parliament.  What  is  Jacob's  sentence  upon 
tin*  fact  ?  *  Malcdictus  illorum  furui  quia  per- 
4  tinax,  et  imiijuatio  ipii-i  dura:*  which  c.irse 
in  a  more  liv:*l\  manner  (if  possible  it  be)  than 
tiie  \ery  Kict  it-ell',  ssiit^  the  comparison.  For 
who  knoweth  nor,  that  when  malice  taketh 
hold  of  humour  o;ilv,  as  lire  doth  of  straw,  tin/ 
it  cans  »  a  treat  bl.'./e  wt  the  lir.-t  kindling,  jet 
ii  i.^  quickly  .spent,  and  only  the  smoke  re- 
mains? but  wl.eii  it  taketh  hold  of  con  •  ii  nee, 
as  tire  dotii  of  >1eil,  *  <;ii.id  tardc  ac(|ui-i\ii  <liu 

*  retinet.'  then  such  inuiks  are  iiHuituneuN. 
Touciiiii!*  the  tale  which  Jacob  hcatum-lii  for 


tljo-e  liainU  to  be  ii-.^io-ed  on  Ins  he;id  bv  (ir- 
din.it mil.  that  were  *  /eper.^e  saii^uiui,'  or  l hi: 
ini-h;*p  of  David  t:.::t  mi^hr  not  ivar  tiie  T<  m- 
ple,  for  ;h.-  staiuii:;:  end  eiiiLruin.^  of  his  Imis1^ 
with  bloo  1.  Kes-in  to  the  very  le\t  it -elf,  (uv 
if  if  plea>e  you,  t:»  vour  owu  (.'anons^  in  t  n- 
quire  wlielher  I'aui'*  \u  ■fr.iitu  of  iutcn..-  idlinir 
with  oicui-o*  aii'iirs  w«-e  enj.iverl  \\\\\\  ;i  *  non 
'  ohsiaiil.','  s<»  \\x\-  ■  »i ■  | v  us  coneernc  I  P.ojects 
and  Fli's  for  Gunpowder.  Your  safest  oiiirsr, 
ftlr.   (i.ii::it,    as    I    Mi',»mtse,    is  to    stay    your 


(wrei  u\.e!|,    and    all    ll.ev    thai     were     pnvv 

t-»  ll:is  :icctu  <-d    1'1'it.  deserve    this  style  upon 

hele.-  '.rioimd  tlum  Simeon  and    Lew:   by  so 

much  as  your  indignation  c»anparej  with  tln-iri 

hv  due  c  ircaius:  mc. -.   w.i.s  bv  infinite  d^urecs 

•  durior."  more   haul    th.iii  theirs.     For  though 

the  fe.it  'Coifs  n.iu.e  be  pr.iiscd)  were  ii.#t  fully 

\»;-»u-.  !■■!.  Mt  you  Know,  .Mr.  Canwt,  who  it   i% 

lb.  t  cumpiiseih   our  consent    both  within  the 

.iiip;i-s  and  the  ceii-ure  of  a  deadly  sin,  and 
•  ...        ...       .    .         •        .  . 


or   call  ti  mind  cither  thr  pielv  of  that  L'odlv     whit  f.ifhrr  Niith  lh.it,'4  (^luni  deest  operi  iue>t 
Li  diop  in  a  better  time,  that  would  not  Midi'i*     k  \oluntiti.'     The  c'imiiion   law  would  punish 


.V 
Trea>:»n  in  the  very  heart,  if  iheije  of  inqtiisi- 

ti  hi  c  »ulii  «*\tend  >o  far;  and  then-fore  the 
providence  of  (rod  in  jirevenliiij,  by  his  meicy 
this  destruction,  i>  no  tii-charn*4  t«)  \our  inten- 
tion iu  contri\in^  if.  By  the  <i»ui>e  and  re- 
coei-se  of  times  aiiil  acc'-Icnts,  wise  nan  ob- 
Mi\e,  that  \»  ry  seldom  hath  any  mischie\oiis 
attempt  be»n  imiletl-ikeii  for  di-:inbMice  of  a 
state,  without  tlu-  t  oui^el  and  :i'S>!,!inv  of 
a  pr»i-t  in  the  i-i-t,  in  the  middle,  or  la?t 
ac  t   of  the  tr;;:n  l>  ;    and  that   all    alon^  with 


jiid^uici,;  wiih  liia:  Si  u'f  of  old  Ja'*ol»,  whereof  siieli  a  chorus  of  Confedenttc^  t  >  enteitain  the 
mention  is  made  in  C\-iif  ~j«»,  in  tl.ise  break-  :  "=t. •.■'•,  wh.ic  the  i:.\(s  ami  lortunes  «»l"  «^rej»t 
neck  pa-sajres,  tii.it  is,  with  that  a  l\i-i  d  Sen-  :  priia  s  In  ■,.:■_•  mi  noon  th<*  teiitei  hooks  have 
fence   which   he  pronounced   a^.iiu-t    I^'\i  the  '  put  :ul   in  h-i/:ii'd       For  while  Alices  stood  in 


Father  of  succee.lin^  Vrie.st".  for  killing  the 
Sons  i*t'  llemor  at>er  circumcision,  the  same 
lit'iii!!  iu  that  east*  n>  weil  a  Bond  of  Promise, 
as  u  &cal  of  Faith ;  since  I  Ho  verily  believe 


(  oiiferciicc  witli  Cod  upon  the  mount.  In.s  l»pv- 
ther  Aaron  impntitut,  as  for  the  most  part 
churchmen  are  in  their  desires,  of  pans*  s  or 
delajs,  fell  instantly  to  mould  und  worship  the 


265] 


STATE  TRIALS,  4  Jawes  I.  1666.— in  the  Gunpowder  Plot. 


[266 


golden  calf,  to^their  commander's  vexation  and 
Uod's  dishonour.  Abiathar  was  condemned 
for  complotting  with  the  Shunamite,  and  Joab 
lieutenant-general  against  his  sovereign.  With 
what  distemper  and  disorder  some  priests  have 
rock'd  the  craule  of  the  churches  infancy  in 
raising  heresies,  the  seeds  of  factions,  only  to 
that  end,  no  hian  can  l>c  ignorant,  that  hath 
run  over  the  churches  histories. 

Odo,  bishop  of  Bayou  tie,  was  imprisoned  by 
iiis  brother  the  first  William,  as  a  stirrer  of 
Sedition,  and  after  conspired  with  Robert  earl 
of  iMortaigne,  to  depose  his  son,  against  whom 
also  Geffrey,  bishop  of  Constance,  fortified  in 
actual  rebelbon  the  castle  of  Bristol.  The 
captivity  of  the  lion-hearted  Richard,  champion 
of  the  holy  wars,  was  by  the  piactice  of  Savari- 
cos,  bishop  of  Bath.  Gervas  the  great  preacher 
cnter'd  with  Lewis  the  French  king's  son,  pur- 
posing to  root  out  the  race  of  our  kings,  and  to 
plant  liimself  and  his  progeny.  Of  the  rebelli- 
ons army  that  usurped  against  Henry  3,  the 
title  of  *  Exercitum  Dei'  (altho'  by  the  pope's 
legate,  '  reputati  sunt  filii  Belial)  *  Clerici  fau- 
'  tores  Grant,'  saith  the  monk  of  Chester.  For 
conspiracy  against  the  first  Edward  was  the 
archbishop  of  Canterbury  exiled  the  kingdom. 
And  before  that  Isabel,  the  wife  of  the  second, 
durst  undertake  the  plot  of  deposing  her  hus- 
land  by  a  damnable  device,  for  the  raising  of 
her  son,  she  sent  in  a  pack  of  preachers,  poi- 
soned with  prejudice  against  the  present  state, 
to  prepare  the  people's  minds  by  false  sugges- 
tions, to  the  change  which  was  intended  to  fol- 
low. And  Adam  de  Orleton,  bishop  of  Ilere- 
ibrd,  that  wan  the  first  deviser,  continued  the 
ihiefest  feeder  of  that  dissension  between  the 
Lu^hand  and  the  wife,  taking  occasion  in  a  ser- 
mon preached  at  Oxford,  in  the  presence  of 
the  queen,  and  all  the  rebels,  u|>on  that  text  of 
the  Scripture,  '  Caput  meum  doleo,'  to  express 
by  depravation  of  his  lawful  sovereign,  how 
man*  mischiefs  grew  to  the  commonwealth  by 
i  corrupted  bead  that  governed  them.  For 
aiding  the  enemies  of  Edward  3  was  the  bishop 
of  Hereford  arraigned.  And  the  chaplain  of 
Wat  Tyler,  that  advised  his  chieftain,  as  you 
Mr.  Garnet  did  vour  followers,  to  destroy  all 
the  clemy  and  nobility,  was  Ball  a  mass-priest. 
With  (ilocesterS  duke  against  his  sovereign 
Richard,  was  Oswald,  bishop  of  Gallaway,  the 
chief  complotter.  Priests  and  Friers  th'-v  were 
that  suljorued  a  false  Richard  against  the  fourth 
Henry,  whereof  eight  being  Minors,  were  bung- 
ed at  Tfburn  :  And  Maudelen  himseif,  that 
took  ujKin  him  the  habit  dhd  person  of  the 
king,  wa»»  a  priest  also,  to  keep  them  company. 
Scroope,  the  archbishop  of  York,  for  comple- 
ting a  conspiracy  with  the  earl  of  Northumber- 
land against  the  **ame  king,  lost  his  head  for 
hb  labour.  Beverly,  an  anointed  priest,  not  to 
be  behind  some  other  of  his  fellows  in  these 
seditious  attempts,  conspired  against  the  fifth 
Henry,  with  the  lord  Cobhain,  siT  John  Old- 
castle. 

I  have  seen  the  copy  of  a  learned  and  wise 
Letter,  written  by  bishop  Chichcley,  a  pi  elate 


of  your  own,  chancellor  to  that  king,  gravely 
advising  him  to  beware  of  admitting  a  legate 
resident  in  the  realm,  in  respect  of  the  sharp 
effects  by  stirs  that  have  been  raised  in  former 
times  by  persons  of  that  habit ;  pointing  as  it 
were  to  Hcny  Beauford,  who  afterwards  was* 
both  author  and  actor  of  more  mischief  than 
almost  could  be  expected  or  feared. 

They  were  priests  and  friers,  that  in  the  first 
of  Edward  4,  conspired  with  Jasper,  earl  of 
Pembroke,  and  were  afterward  attainted  and 
executed  by  act  of  parliament. 

Dr.  Shaw  was  a  priest,  whom  Richard  3 
made  the  trumpet  at  Paul's  Cross  of  his  wrong- 
ful claim  against  the  rightful  possession4 of  hi* 
innocent  nephews. 

That  Impostor  that  suborned  Lambert,  to 
take  upon  him  the  person,  and  usurp  the  right 
of  t;>e  duke  of  York,  against  the  blessed  union 
of  the  two  Roses,  was  a  priest  in  Ireland. 
Wherein  I  note,  that  as  a  priest  would  then 
have  forestalled,  so  now  two  priests,  Green  well 
and  Gamer,  would  have  cut  off  the  union.  He 
was  a  monk  of  Henton  that  inticed  the  duke  of 
Buckingham  by  seducing  Hopes,  to  the  ruin  of 
as  great  a  house  as  any  subject  in  Europe 
(bearing  not  the  surname  of  a  king)  can  de- 
monstrate :  whereof  both  I  receive  a  wound> 
and  all  that  descend  of  him. 

I  speak  not  of  those  popes,  that  exercising 
more  the  sword  of  Paul  with  passion,  than  the 
keys  of  Peter  with  instruction,  have  been  kin- 
dlers  of  great  broils  :  nor  of  the  three  powerful 
cardinals,.  York,  Lorraine,  and  Arras  in  our 
age,  that  during  their  times  were  not  much  an- 
swerable for  sloth  or  idleness,  whatsoever  they 
are  otherwise  for  time  ill  employed,  being  per- 
sons of  great  spirit  and  too  great  activity  :  nor 
of  thos»e  churchmen,  that  by  their  doctrine  in 
the  pulpit,  and  subscription  of  hands  to  traito- 
rous decrees,  em  based  the  two  daughters  of 
king  Henry  8,  both  before  and  after  the  death 
of  king  Edward  0,  for  satisfaction  to  the  pride 
and  ambition  of  un  aspiring  humour. 

1  pass  over  the  brainsick  opposition  of  Knox 
and  Goodman,  against  the  two  renowned 
Marys,  both  queens  of  Scotland,  regent  and 
inheritrice  in  our  days  :  nor  of  the  fiery  tripli- 
citv  of  Ballard,  Clarke,  and  Watson,  of  which 
number,  the  first  practised'thc  slaughter  of  the 
epicen  deceased,  the  other  two  of  the  king  our 
5o\ere'ign.  I  rip  not  up  the  complots  of  Ser- 
nius  the  monk,  to  bring  the  Turk  int>  the  em- 
pire of  the  east  :  nor  of  those  false  prophets, 
that  established  the  race  of  Xerif  in  Barluir\. 
My  only  drift  and  purpose  i^,  t  >  compare  for- 
mer practices  with  the  late  attempt,  (tin/  far 
exceeding  and  surmounting  ail  that  went  be- 
fore) to  make  true  subjects  sec  for  the  better 
trial  and  examination  of  spirits,  that  as  well 
some  priests  in  Christ*  ndom,  as  those  Salii  thai 
were  chaplains  to  Mars  at  Home  in  the  reign 
of  idolatry,  took  delight  by  tils  in  tossing  fire- 
brands from  camp  to  camp,  for  the  inflamma- 
tion of  e\il  alVectinns  and  worse  practices. 
But  the  circle  of  a  crown  imperial  cannot  be 
soldered,  if  it  once  rece